Thailand Penal Code

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Thailand Penal Code Thai Criminal law

Thailand Penal Code Thai


Criminal law
Thai law (lawyer) selection: the Thailand Penal or Criminal
Code is the body of laws relating to crimes and offenses
and the penalties for their commission in Thailand. Read
the full translation of Thailand Criminal or Penal Code on
samuiforsale...

ประเทศไทยทางอาญา พ.ศ. รหัส 2499) as published


Note, only the Thai Criminal Code 1956 (

in Thai in the royal Thai government gazette (ราชกิจจานุเบกษา) shall have legal force in

Thailand. This English translations is prepared for reference purposes.

(related criminal procedure code (/law-texts/thai-criminal-procedure-code.html) - / -

computer crime act (/law-texts/computer-crime-act.html))

BOOK I

GENERAL PROVISIONS

TITLE I Provisions Applicable to General Offences


Chapter 1 Definitions

Chapter 2 Application of Penal Laws

Chapter 3 Punishments and Measures of Safety

Part 1 Punishments

Part 2 Measures of Safety

Increase, Reduction and Suspension of


Part 3
Punishment
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Chapter 4 Criminal Liability

Chapter 5 Commitment

Chapter 6 Principals and Supporters

Chapter 7 Concurrence of Offences

Chapter 8 Recidive

Chapter 9 Prescription

TITLE II Provisions Applicable to Petty Offences

BOOK II

SPECIFIC OFFENCES

TITLE I Offences Relating to the Security of the Kingdom

Offences against the King, the Queen, the


Chapter 1
Heir-apparent and the Regent

Offences against the Internal Security of


Chapter 2
the Kingdom

Offences against the External Security of


Chapter 3
the Kingdom
Offences against the Friendly Relations
Chapter 4
with Foreign States

TITLE I/I The Offence in Respect of Terrorization

TITLE II Offences Relating to Public Administration

Chapter 1 Offences against Officials

Chapter 2 Malfeasance in Office


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TITLE III Offences relating to the Justice

Chapter 1 Offences against the Judicial Officials

Chapter 2 Malfeasance in Judicial Office

TITLE IV Offences relating to Religion

TITLE V Offences relating to Public Peace

TITLE VI Offences relating to Causing Public Dangers

TITLE VII Offences relating to Counterfeit and Alteration

Chapter 1 Offences Relating to Currencies

Offences Relating to Seals, Stamps and


Chapter 2
Tickets

Chapter 3 Offences Relating to Document

Chapter 4 Offences Relating the Electronic card

TITLE VIII Offences Relating to Trade

TITLE IX Offences Relating to Sexuality

TITLE X Offences against Life and Body


Chapter 1 Offences Causing Death

Chapter 2 Offences against Body

Chapter 3 Offences of Abortion

Offences of Abandonment of Children,


Chapter 4
Sick Persons or Aged Persons

TITLE XI Offences against Liberty and Reputation

Chapter 1 Offences against Liberty


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Chapter 2 Offences of Disclosure of Private Secrets

Chapter 3 Offences of Defamation

TITLE XII Offences against Property

Chapter 1 Offences to Theft and Snatching

Offences of Extortion, Blackmail, Robbery


Chapter 2
and Gang-Robbery

Chapter 3 Offences of Cheating and Fraud

Chapter 4 Offences of Cheating Against Creditors

Chapter 5 Offences of Misappropriation

Chapter 6 Offences of Receiving Stolen Property

Chapter 7 Offences of Mischief

Chapter 8 Offences of Trespass

Book III

Petty Offences

TITLE XIII Petty Offences


penal code main text

THAILAND CRIMINAL
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CODE B.E. 2499 (1956)


As Amended by the Criminal Code (No. 17), B.E. 2547
(2003)

BHUMIBOL ADULYADEJ, REX.


Given on the 13th November, B.E. 2499;
Being the 11th year of the Present Reign

His Majesty King Bhumibol Adulyadej has been graciously


pleased to proclaim that:

Whereas it is expedient to revise the Criminal Law anew,


because, since the promulgation of the Criminal Law in B.E.
2451, the circumstances of the Country have considerably
changed;

Be it, therefore, enacted an Act by the King, by and with the


advice and consent of the Assembly of the People's
Representatives, as follows:

Section 1 This Act is be called the "Act Promulgating the


Criminal Code, B.E. 2499 (1956)"

Section 2 This Act shall come into force as and from the
day following the date of its publication in the Government
Gazette.
Section 3 The Criminal Code annexed to this Act shall come
into force as and from the 1st day of January, B.E. 2500.

Section 4 Upon coming into force of the Criminal Code, the


Criminal Law in B.E. 2451 shall be repealed.

Section 5 Upon coming into force of the Criminal Code, in


case of any law determines the punishment by referring to
the punishment of the petty offences in the Criminal Law in
B.E. 2451, it shall be deemed that such law refers to the
punishment as follows:

If it refers to the punishment Class 1, it means fined not


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exceeding one hundred Baht;


If it refers to the punishment Class 2, it means fined not
exceeding five hundred Baht;
If it refers to the punishment Class 3, it means
imprisonment not exceeding ten days or fined not
exceeding five hundred Baht, or both;
If is refers to the punishment Class 4, it means
imprisonment not exceeding one month or fined not
exceeding one thousand Baht, or both.

Section 6 Upon coming into force of the Criminal Code, in


the matter of imprisonment in lieu of fined under any law,
the provisions of the Criminal Code shall apply, regardless
of whatever may have been provided by such and such law;
but, as for the offences committed before the enforcement
of the Criminal Code, the confinement shall not exceed one
year for the punishment of one count, and two years for the
punishment of several counts.

Section 7 In case of safety measures according to Section


46 of the Criminal Code, the provisions of the Criminal
Procedure Code shall apply as if it is a criminal offence, but
the custody in the inquiring stage shall not exceed forty-
eight hours as from the time when the arrested person
arrives at the Office of the Administrative or Police officer,
but the time taken for ordinary journey in bringing the
arrested person to the Court shall not be included in such
period of forty-eight hours.
Section 8 Upon coming into force of the Criminal Code,
whenever the provisions of any law refer to the Criminal
Law in B.E. 2451, or the provisions of the Criminal Law in
B.E. 2451, it shall be deemed that the provisions of such
law refer to the Criminal Code, or the provisions of the
Criminal Code in the Section implying the same sense, as
the case may be.

Countersigned by
Field Marshal P. Pibulsongkarm
President of the Council of Ministers

Note: The reason of promulgating this Act viz Penal Law in R.S. 127 to have been promulgated
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long since and to have been amended by several points to be dispersed and so being expedient

to be cleared up and to be brought into the form of the single Criminal Code. Moreover, to come

to pass that some rules and procedures improved high to epoch and conception of international

countries, and so, in the present time, some original rules are out of date, and expedient to be

re-improved to be in line with administrative principle of democracy regime.

CRIMINAL CODE

BOOK I

GENERAL PROVISIONS

TITLE I

PROVISIONS APPLICABLE TO GENERAL OFFENCES

CHAPTER 1 DEFINITIONS

Section 1 In This Code

"To commit an act dishonestly" means to do an act in order


to procure, for himself or the other person, any advantage
to which he is not entitled by law;
"Public way" means a land or waterway used by the public
for traffic, and includes a railway or tramway used for
public conveyance;
"Public place" means a place to which the public has a right
of entry;
“Dwelling place” means a place used for dwelling, such as a
house, shed, vessel, or floating house in which a human
being dwells, it also include the precinct of the place used
for dwelling, whether it be enclosed or not;
"Arm" includes anything which is not a weapon by nature,
but which is used or intended to be used as a weapon for
causing grievous bodily harm;
"To commit an act of violence" means to do an act of
violence against the body or mind of a person, whether it be
by physical force or by any other means, and includes any
act causing any person to be in a state of being unable to
resist, whether it be by using drug causing intoxication, by
hypnotism or by any other similar means;
"Document" means any paper or other material for
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expressing the meaning by letters, figures, plan or an other


design, whether it be by way of printing, photographing or
any other means, which is evidence of such meaning;
"Official document" means a document drawn up or
authenticated by an official in the course of his duty, and
includes also a. copy of such document authenticated by
an official in the course of his duty;
"Document of right" means a document evidencing the
creation, modification, transfer, reservation or extinction of
a right;
"Signature" includes a finger-print and mark put to a
document by a person in lieu of his signature;
"Night" means the interval between sunset and sunrise;
"Custody" means the restraint, keeping in custody,
detention, confinement or imprisonment;
"Ransom" means a property of benefit demanded or given in
exchange for the liberty of the person who is taken away,
held or confined;
"Electronics Card" means that:

Any of documents or materials in any description


whatever that issuer having issued to the person
entitled to use, irrespective of whether the specified
name or not, by data or cipher noted by applying and
using the ways of electron, electricity, long wave or any
way in the same nature including to apply and use the
ways of fight or magnet to be sense appeared by any of
letters, figures, ciphers or symbols either able to be seen
or not to be seen by the naked eyes;
Data, cipher, account number, any of set-numbers of
electron or figures which issuer having issued to the
person entitled to use by any of documents or materials
not to be issued, but there is the way to use in the same
manner as (A) ; or
Anything else to be used in corroboration of the
electronic data for showing the relationship between
person and electronic data by the object for specifying
the owned person.

CHAPTER 2
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APPLICATION OF CRIMINAL LAWS

Section 2 A person shall be criminally punished only when


the act done by such person is provided to be an offence
and the punishment is defined by the law in force at the
time of the doing of such act, and the punishment to be
inflicted upon the offender shall be that provided by the law.

If, according to the law as provided afterwards, such act is


no more an offence, the person doing such act shall be
relieved from being an offender; and, if there is a final
judgment inflicting the punishment, such person shall be
deemed as not having ever been convicted by the judgment
for committing such offence. If, however, such person is
still undergoing the punishment, the punishment shall
forthwith terminate.

Section 3 If the law in force at the time of committing the


offence is different from that in force after the time of
committing the offence, the law which is, in any way, more
favorable to the offender, shall be applied, unless the case
is final. But, in the case where it is final as follows:

1. If the offender has not yet undergone the punishment, or


is undergoing the punishment, and the punishment
determined by the judgment is heavier than that
provided by the law afterwards, when it appears to the
Court from the file of the case, or when the offender, the
legal representative or guardian of such person, or the
Public Prosecutor makes a request, the Court shall re-
determine the punishment according to the law as
provided afterwards. In re-determining the punishment
by the Court, if it appears that the offender has
undergone a part of the punishment, the Court, when
having regard to the punishment as provided by the law
afterwards, may, if it thinks fit, determine less
punishment than the minimum punishment as provided
by the law afterwards, if any, or if it is of opinion that the
punishment already undergone by the offender is
sufficient, the Court may release the offender;
2. if the Court has passed the judgment of death upon the
offender, but, according to the law as provided
afterwards, the punishment to be inflicted upon the
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offender is not as high as death, the execution of the


offender shall be suspended, and it shall be deemed that
the punishment of death according to the judgment has
been changed to be the highest punishment to be
inflicted according to the law as provided afterwards.

Section 4 Whoever, committing an offence within the


Kingdom, shall be punished according to law.

The offence committed in any Thai vessel or airplane


irrespective of any place of Thai vessel or airplane shall be
deemed as being committed within the Kingdom.

Section 5 Whenever any offence is even partially committed


within the Kingdom, or the consequence of the commission
of which, as intended by the offender, occurs within the
Kingdom, or by the nature of the commission of which, the
consequence resulting therefrom should occur within the
Kingdom, or it could be foreseen that the consequence
would occur within the Kingdom, it shall be deemed that
such offence is committed within the Kingdom.

In case of preparation or attempt to commit any act


provided by the law to be an offence, even though it is done
outside the Kingdom, if the consequence of the doing of
such act, when carried through to the stage of
accomplishment of the offence, will occur within the
Kingdom, it shall be deemed that the preparation or attempt
to commit such offence is done within the Kingdom.

Section 6 Any offence has been committed within the


Kingdom, or has been deemed by this Code as being
committed within the Kingdom, even though the act of a co-
principal, a supporter or an instigator in the offence has
been committed outside the Kingdom it shall be deemed
that the principal, supporter or instigator has committed
the offence within the Kingdom.

Section 7 Whoever to commit the following offences


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outside the Kingdom shall be punished in the Kingdom,


namely:

(1) Offences relating to the Security of the Kingdom as


provided in Sections 107 to 129;
(1/1) The offence in respect of terrorization as prescribed
by Section 135/1, Section 135/2, Section 135/3 and Section
135/4.
(2) Offences Relating to Counterfeiting and Alteration as
provided in Section 240 to Section 249, Section 254,
Section 256, Section 257 and Section 266 (3) and (4); (2
bis) Offences Relating to Sexuality as provided in Section
282 and Section 283;
(3) Offence Relating to Robbery as provided in Section 339,
and Offence Relating to Gang-Robbery as provided in
Section 340, which is committed on the high seas.

Section 8 Whoever commits an offence outside the


Kingdom shall be punished in the Kingdom; provided that,
and, provided further that the offence committed be any of
the following namely:

(a) The offender be a Thai person, and there be a request for


punishment by the Government of the country where the
offence has occurred or by the injured person; or

(b) The offender be an alien, and the Thai Government or a


Thai person be the injured person, and there be a request
for punishment by the injured person;
If such offence to be the offence specified as following
shall be punished within the Kingdom namely:

1. Offences Relating to Cause Public Dangers as provided


in Section 217, Section218, Section 221 to Section 223
excepting the case relating to the first paragraph of
Section 220, and Section 224, Section 226, Section 228
to Section 232, Section 237, and Section 233 to Section
236 only when it is the case to be punished according to
Section 238;
2. Offences Relating to Documents as provided in Section
264, Section 265, Section 266 (1) and (2), Section 268
excepting the case relating to Section 267 and Section
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269; (2/1) Offence Relating to the Electronic Card


according to be prescribed by Section 269/1 to Section
269/7.
3. Offences Relating to Sexuality as provided in Section
276, Section 280 and Section 285 only for the case
relating to Section 276;
4. Offences Against Life as provided in Section 288 to
Section 290;
5. Offences Against Body as provided in Section 295 to
Section 298;
6. Offences of Abandonment of Children, Sick or Aged
Persons as provided in Section 306 to Section 308;
7. Offences Against Liberty as provided in Section 309,
Section 310, Section 312 to Section 315, and Section
317 to Section 320;
8. Offences of Theft and Snatching as provided in Section
334 to Section 336;
9. Offences of Extortion, Blackmail, Robbery and Gang-
Robbery as provided in Section 337 to Section 340;
10. Offences of Cheating and Fraud as provided in Section
341 to Section 344, Section 346 and Section 347;
11. Offences of Criminal Misappropriation as provided in
Section 352 to Section 354;
12. Offences of Receiving Stolen Property as provided in
Section 357;
13. Offences of Mischief as provided in Section 358 to
Section 360.
Section 9 Thai Government official commits the offence as
prescribed from Section 147 to Section 166 and from
Section 200 to Section 205 outside the Kingdom shall be
punished in the Kingdom.

Section 10 Whoever to do an act outside the Kingdom,


which is an offence according to various Sections as
specified in Section 7 (2) and (3), Section 8 and Section 9
shall not be punished again in the Kingdom for the doing of
such act, if:

1. There be a final judgment of a foreign. Court acquitting


such person; or
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2. There be a judgment of a foreign Court convicting such


person, and such person has already passed over the
punishment.

If the sentenced person has suffered the punishment for


the doing of such act according to the judgment of the
foreign Court, but such person has not yet passed over the
punishment, the Court may inflict less punishment to any
extent than that provided by the law for such offence, or
may not inflict any punishment at all, by having regard to
the punishment already suffered by such person.

Section 11 Whoever commits an offence within the


Kingdom, or commits an offence deemed by this Code as
being committed within the Kingdom, and, if such person
has suffered the punishment in whole or in part for such act
according to the judgment of the foreign Court, the Court
may inflict less punishment to any extent than that
provided by the law for such offence, or may not inflict any
punishment at all, by having regard to the punishment
already suffered by such person.

In case of a person, committing an offence within the


Kingdom, or committing an offence deemed by this Code as
being committed within the Kingdom, has been prosecuted
in the foreign Court at the request of the Thai Government,
such person shall not be punished again in the Kingdom for
such offence, if:
1. There be a final judgment of the foreign Court acquitting
such person; or
2. There be a judgment of the foreign Court convicting
such person, and such person has already passed over
the punishment.

Section 12 he measures of safety are applicable to any


person only when there are provisions of law for their
application, and the law to be applied shall be the law in
force at the time when the Court passes judgment.

Section 13 If the provisions of the law as prescribed


afterwards, any measure of safety has been repealed, and
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any person is still subjected such measure safety, the Court


shall give the order repressing the application of such
measure of safety when the file of a case appears to the
Court, or when such person, legal representative of such
person or guardian of such person or the Public Prosecutor
makes the request.

Section 14 In case of any person is subject to any measure


of safety, and the provisions of the law as provided
afterwards modify the conditions for the application of
such measure of safety with the result that it may not be
applicable to the case of such person, or that it may be
applicable, but the application of such measure of safety
according to the provisions of the law as provided
afterwards is more favorable to such person, the Court shall
have the power to give order, as it thinks fit, when it appears
to the Court from the file of the case, or when
such person, the legal representative or guardian of such
person, or the Public Prosecutor makes a request to the
Court to revoke the application of such measure of safety,
or makes a request to take the consequence according to
the provisions of such law, as the case may be.

Section 15 Whenever, according to the provisions of the law


as provided afterwards, any punishment has been changed
to be a measure of safety, and there is a judgment inflicting
such punishment on any person, it shall be deemed that the
inflicted punishment is also a measure of safety.
In the case mentioned in the first paragraph, if the
punishment is not yet inflicted upon such person, or such
person is still undergoing the punishment, the measure of
safety shall be applied to such person further. If, according
to the provisions of the law as provided afterwards, there is
any condition for giving order for the application of the
measure of safety which may not be applicable to such
person, or may be applicable but the application of the
measure of safety according to the provisions of the law as
provided afterwards is more favorable to such person, the
Court shall have the power to give order, as it thinks fit,
when it appears to the Court from the file of the case, or
when such person, the legal representative or guardian of
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such person, or the Public Prosecutor makes a request to


the Court to revoke the application of the measure of safety,
or makes a request to take the consequence according to
the provisions of such law, as the case may be.

Section 16 Whenever the Court gives judgment to apply a


measure of safety to any person, if it appears afterwards to
the Court from the submission of such person himself, the
legal representative or guardian of such person, or the
Public Prosecutor that the circumstances concerning the
application have changed from formerly. The Court may
revoke or suspend temporarily the application of the
measure of safety to such person, as it thinks fit.

Section 17 The provisions in Book 1 of this Code shall be


applied in the case of offence according to the other laws
also, provided that such laws will have been prescribed
otherwise.

CHAPTER 3

PUNISHMENTS AND MEASURES OF


SAFETY

PART 1 PUNISHMENTS

Section 18 Punishments for inflicting upon the offenders


are as follows:
1. Death;
2. Imprisonment;
3. Confinement;
4. Fine;
5. Forfeiture of property.

The capital punishment and life imprisonment shall be not


enforced to offender less than eighteen years of age.

In case of offender less than eighteen years of age has


committed the offence to be punished with death or
imprisoned for life, the punishment, as aforesaid. shall be
deemed as commuted as imprisoned for fifty years.
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Section 19 Whoever, punished with death, shall be


proceeded by spraying an injection or toxin to be death.

The rule and procedure of execution shall go according to


regulation designated by Ministry of Justice by its
publication in the Government Gazette.

Section 20 All the offences as determined by the laws to be


punished by both imprisonment and fine, if the Court
deeming advisable will inflict the punishment of
imprisonment only.

Section 21 In calculating the period of imprisonment, a day


begun in imprisonment shall be included also and shall be
counted for a whole day, irrespective of the number of
hours.

If the period for calculation is determined in months, a


month shall count for thirty days, and, if determined in
years, it shall be calculated according to the official
calendar.

Liberation shall take place on the day following that on


which the period of imprisonment terminates.

Section 22 The punishment of imprisonment shall begin in


the day on which the judgment is passed.

But, if the sentenced person is kept in custody prior to the


judgment of the Court, the number of days in custody shall
be deducted from the period of imprisonment according to
the judgment, unless the judgment provides otherwise.

In case of the judgment provides otherwise, the punishment


of imprisonment according to the judgment, when added by
the number of days in custody prior to the judgment of the
Court in such case, shall not exceed the maximum rate of
punishment as provided by the law for the committed
offence. This shall not, however, affect the provisions of
Section 91.

Section 23 Any person commits an offence punishable to


be imprisoned, and in such case, the Court will inflict the
punishment of imprisonment not exceed three months, if it
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does not appear that such person has received the


punishment of imprisonment previously, or if it appears that
such person has received the punishment of imprisonment
previously but it is the punishment from the offence
committed by negligence, or by a petty offence, the Court
may inflict the punishment of confinement not out of three
months on behalf of such
punishment of imprisonment.

Section 24 Whoever to be under the detention shall be


interned in the place for detaining designated by non-goal,
police station, or the place superintending the inquiry
official's alleged offender.

The Court may, if it thinks fit, order in the judgment to


confine the offender in his own dwelling place or in the
dwelling place of another person who consents to accept
him, or in any other place where he may be confined so as
to be suitable to his kind or condition. If it appears to the
Court that the confinement of the detained person in the
place to confine according to paragraph 1 or paragraph 2
may cause a danger to such person or make the person
depending or him for subsistence excessive trouble or there
is other exceptional circumstance shows that it is not
advisable to detain the detained person in the place as
aforesaid, the Court will issue an order to detain the
detained person in other place but not such person's
dwelling-house with consent of owner or occupier of the
premises. In such case, the Court is empowered to
designate any condition to detained any the condition to
the detained person to practice, and if the owner or
occupier of the premise as aforesaid consents, the Court
may issue an order to appoint such person as controller
and it shall be deemed that the appointed person is the
government official according to this Code.

Section 25 A person inflicted with the punishment of


confinement in a determined place shall receive
maintenance from such place. But, subject to the
regulations of the place, he is entitled to obtain food from
outside at his own expense, to use his own clothes, to
receive visitors for at least one hour in a day and to receive
and send letters.
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A person inflicted with the punishment of confinement


must work according to the rules, regulations and
discipline. If he desires to do other work, he shall be
permitted to select according to the category of work that
he is willing to do, provided that it is not contrary to the
rules, regulations, discipline or safety of such place.

Section 26 If the person punished by the confinement is


confined in own dwelling place or in the dwelling place of
the other person consenting to accept such person, such
confined person is entitled to carry on own profession or
occupation in the aforesaid place. For this purpose, the
Court may determine the conditions to the confined person
to do anything or not, as the Court deems expedient.

Section 27 If doing the detained person under Section 23


has been detained, it appears to the Court itself or it
appears to the Court according to the statement of Public
Prosecutor or occupier of the premise for detention that:

1. The detained person in violation of rule, regulation or


discipline of the place for detention;
2. The detained person in non-fulfillment of the conditions
designated by the Court;
3. The detained person to be adjudged to inflict the
imprisonment.
The Court may change the detention into imprisonment
with the terms designated as the Court deems expedient,
but it must be not out of the time designated by detention
which the detained person must receive thenceforward.

Section 28 Any person has inflicted with the punishment of


fine, such person must pay the money-mouth as
determined by the judgment to the Court.

Section 29 If any person inflicted with the punishment of


fine fails to pay the fine within thirty days as from the day
on which the Court has passed judgment, the property of
such person shall be seized to pay for the fine, or else such
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person shall be confined in lieu of fine. But, if the Court has


reasonable cause to suspect that such person is likely to
evade the payment of the fine, the Court may order such
person to find security, or may order such person to be
confined in lieu of fine in the near time.

The provisions in the second paragraph of Section 24 shall


not apply to the confinement in lieu of fine.

Section 30 In case of the detention on behalf of fine, it shall


be taken hold of rate of two hundred Baht per one day, and
irrespective of whether one offence or several offences, it is
prohibited the detention in excess of one year period unless
in case of the Court gives a judgment on fine as from eight
ten thousands Baht upwards, the Court will issue an order
to detain on behalf of fine as the period of time in excess of
one year but not out of two years.

In calculation of period of the time the date beginning


detention on behalf of fine shall be calculated together, and
the full day shall be calculated without into consideration of
hour amount.

In case of the fined person to be detained before the Court's


trial, the day amount when one person to be detained shall
be deducted from the fined money amount which is
deemed the rate of two hundreds Baht per one day, unless
such person is adjudged and inflicted
both imprisonment and fine. In such ease, if the day
amount, when one person to be detained, must be deducted
from the time, when one person imprisoned, under Section
22, it shall be deducted before, the rest amount is deducted
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When the fined person has been detained on behalf of fine


to be due, that person shall be released on the date
following the date terminated, if the fine has been paid
plenary, one shall be released without delay.

Section 30/1 In case of the Court passes a judgment of fine


not out of eight ten thousands Baht, the fined person is not
juristic person and has not the fine, one may file a petition
with the Court of First Instance to try a case for asking and
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performing special service or public service on behalf of


fine.

In hearing a petition according to the first paragraph, when


the court has tried to money condition, past record, nature
of the offence of the fined person, it is deemed advisable,
the Court will issue an order to such person performing
social service or public service on behalf of the fine, but all
these, subject to probation officer, State's authority, State's
work-unit, or Organization to have the object performing
Social Service, public charity or public benefit consenting to
take care of one.

In case of the Court issuing an order to the fined person to


perform Social Service or public benefit on behalf of the
fine, the Court shall designate the nature or kind of work,
person taking care of work, date beginning work, period of
work and hour amount deemed as one day work, but all
these, by taking into consideration of sex, age, past record,
religion, behavior, intelligence, education, health, mind-
condition, temperament, occupation, envelopment or the
fined person's offence-condition together, and Court will
designate any condition to the fined person to perform for
amending, renewing or protecting such person from
committing offence again.

If after that, it appears to the Court that the circumstance in


respect of Social Service work or Public Interest Work of the
fined person changed, the Court will change an order
designated as deemed advisable.
In determination of period of the hour time on behalf of the
fine according to paragraph 3, the provision of Section 30
shall be enforced mutatis mutandis and in case of the Court
does not designate the fined person to work thenceforward,
the said work must be within the period of two years as
from the date beginning work designated by the Court.

On behalf of determination of hour time according to


paragraph 3, President of the Supreme Court shall be
empowered in issuing a judiciary government rule of Court
of Justice determining an hour amount deemed as one
clay-work for Social Service or Public Interest each kind as
deemed advisable.
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Section 30/2 If afterwards, the Court issues an order


granting the permission under Section 30/1, it appears to
the Court itself or according to prosecutor or official's
statement that the fined person has enough money to pay
the fine, in the time to file a petition under Section 30/1 or
violates or not to perform according to an order or a
condition designated by the Court, the Court will revoke an
order premising as aforesaid and fine or detain on behalf of
the fine by deducting work day amount from fined money
amount.

In the period of Social Service or Public Interest on behalf


of the fine, if the fined person does not desire to the said
word thenceforward, it may be changed as the fine or
detention on behalf of the fine. In this case, the Court shall
issue an order premising according to petition by deducting
a workday amount from the fined money amount.

Section 30/3 The Court's order under Section 30/1 and


Section 30/2 shall come into an end.

Section 31 In case of the Court shall pass judgment


inflicting the punishment of fine on several offenders for
the same offence and in the same case, the Court shall
inflict the punishment of fine on every individual offender.

Section 32 Any property is prescribed by the law that any


person makes or processes to be an offence, such property
shall be forfeited wholly, irrespective of whether it belongs
to the offender and there is the person inflicted with the
punishment according to judgment or not.

Section 33 For the forfeiture of a property, the Court shall,


besides having the power to forfeit under the law as
specially provided for that purpose, have the power to
forfeit the following properties also, namely:

1. A property used or possessed for use in the commission


of an offence by a person; or
2. A property acquired by a person through the
commission of an offence.
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Unless such property belongs to the other person who does


not connive at the commission of the offence.

Section 34 All properties:

(1)Which have been given under Section 143, Section 144,


Section 149, Section 150, Section 167, Section 201 or
Section 202; or
(2) Which have been given in order to induce a person to
commit an offence, or as a reward to a person for
committing an offence, shall be forfeited wholly, unless
those properties belong to the other person who does not
connive at the commission of the offence.

Section 35 The properties forfeited by the Court's judgment


shall be vested in the State, the Court may give judgment
such properties to be rendered useless, or to be destroyed.

Section 36 In case of the Court has already given order for


the forfeiture of the properties according to Section 33 or
Section 34, if it appears afterwards by the submission of
the real owner that he has not connived at the commission
of such offence, the Court shall give order for the return of
the properties if such properties are still in the possession
of the official. But the submission of the real owner shall be
made to the Court within one year reckoning from the day
of the final judgment. http://www.samuiforsale.com
Section 37 If the person who is ordered by the Court to
deliver the forfeited property does not deliver it within the
time determined by the Court, the Court shall have the
power to give order as follows:

1. To seize such property;


2. To pay its value, or to seize other property of such
person to compensate for its value in full; or
3. In case of the Court is of opinion that such person can
deliver the property ordered to be delivered, but does not
deliver it, or such person can pay its value, but does not
pay, the Court shall have the power to confine such
person until such person complies with the order, but
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the period of confinement shall not exceed one year.


But, if, afterwards, it appears to the Court itself or by the
submission of such person that such person cannot
deliver the property or pay its value, the Court may give
order to release such person before the expiration of
such period.

Section 38 The punishment shall terminate on the death of


the offender.

PART 2

MEASURES OF SAFETY

Section 39 The measures of safety are as follows:

1. Relegation;
2. Prohibition to enter a specified area;
3. To execute a bond with security for keeping the peace;
4. To restraint in an institution of treatment;
5. Prohibition to exercise certain occupation.

Section 40 The relegation is to superintend the habitual


offender within the specified area for preventing such
offender from committing the offence, for reforming one's
character, and for training one's occupation.

Section 41 Any person who has been sentenced to


relegation, or has been sentenced to imprisonment of not
less than six months for not less than twice, for the
following offences:

1. Offences Relating to Public Peace as provided in


Section 209 to Section 216;
2. Offences Relating to Causing Public Dangers as
provided in Section 217 to Section 224;
3. Offences Relating to Currencies as provided in Section
240 to Section 246;
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4. Offences Relating to Sexuality as provided in Section


276 to Section 286;
5. Offences Causing Death as provided in Section 288 to
Section 290, and Section 292 to Section 294;
6. Offences Against Body as provided in Section 295 to
Section 299;
7. Offences Against Liberty as provided in Section 309 to
Section 320;
8. Offences Against Properties as provided in Section 334
to Section 340, Section 354 and Section 357; and, within
ten years from the day of having passed over the
relegation or the punishment, as the case may be, such
person commits any of such specified offences again
so that the Court sentences such person to
imprisonment of not less than six months for such
offence, the Court may regard such person as a habitual
criminal and may sentence such person to relegation for
not less than three years and not more than ten years.

The offence committed by an offender at the time when


such offender is not yet over seventeen years of age shall
not be deemed as an offence to be taken into consideration
for relegation according to this Section.

Section 42 In calculating the period of relegation, the day of


passing judgment by the Court shall count as the day on
which relegation begins, but if there is still the punishment
of imprisonment or confinement of be undergone by the
relegated person, such relegated person shall be
imprisoned or confined first, and the day following that on
which liberation from imprisonment or confinement takes
place shall count as the day on which relegation begins.

Regarding the period of relegation and the liberation of the


relegated person, the provisions of Section 21 shall apply
mutatis mutandis.

Section 43 To prosecute for relegation shall be made as the


exclusive power of Public Prosecutor, and such relegation
prosecution may be requested together with the case-
prosecution to be empowered to prosecute the relegation or
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such relegation-prosecution may be made afterwards.

Section 44 Prohibition to enter a specified area is the


prohibition to enter a locality or place specified in the
judgment.

Section 45 When any person is given judgment inflicting


punishment by the Court, and the Court deems expedient to
public safety, the Court may, whether there is a request or
not, issue the order in that judgment that when such person
has passed over the punishment according to the
judgment, such person shall be prohibited to enter the
specified area for the period not out of five years.

Section 46 If it appears to the Court, by the submission of


the Public Prosecutor, that any person is likely to cause
danger to another person or to the property belonging to
another person, or if, in the trial of any case, the Court will
not convict the prosecuted person, but there is reason to
believe that the prosecuted person is likely to cause danger
to another person or to the property belonging to another
person, the Court shall have the power to order such person
to execute a bond in a sum of money not exceeding five
thousand Baht, with or without security, for keeping the
peace during such period as determined by the Court, but
not exceeding two years.
If such person refuses to execute a bond, or cannot furnish
security, the Court shall have the power to order such
person to be confined until such person executes the bond
or furnishes security, but such person shall not be confined
for more than six months, or the Court may give order
prohibiting such person to enter a specified area according
to Section 45.

The acts of a child not over seventeen years of age shall


not be subject to the provisions of this Section.

Section 47 If the person making a bond according to


Section 46 breaks such bond, the Court shall be empowered
to order the person to pay the money not out of the amount
determined in the bond. If such person does not pay, the
provisions of Section 29 and Section 30 shall be enforced.

Section 48 If the Court is of opinion that the liberation of


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any person having a defective mind, mental disease or


mental infirmity, who is not punishable, or whose
punishment is reduced according to Section 65, will not be
safe for the public, the Court may give order to send such
person to be put under restraint in an institution of
treatment. This order may, however, be revoked at any time
by the Court.

Section 49 In case of the Court passes the judgment


inflicting the punishment of imprisonment on any person, or
passes judgment that any person is guilty, but the
determination of punishment or the infliction of
punishment is suspended, the Court may, if it is of opinion
that such person has committed the offence owing to
habitual drunkenness or harmful habit forming drug
addiction, determine in the judgment that such person shall
not take liquor or harmful habit forming drug, or both of
them within a period not exceeding two years as from the
day of passing over the punishment, or the day of liberation
on account of the suspension of the determination of
punishment or the infliction of punishment.

In case of the person mentioned in the first paragraph fails


to comply with what is determined by the Court, the Court
may give order to send such person to be put under
restraint in an institution of treatment for a period of not
exceeding two years.
Section 50 When any person is given judgment inflicting
punishment by the Court, and if the Court deems that the
offence committed by such person taking the opportunity
of carrying on own occupation or profession, and deems
that such offence will be committed again by such person if
such person carries on own occupation or profession
further, the Court may issue an order in the judgment
prohibiting such person to carry on own occupation or
profession for a period not out of five years as from the
date of passing over the punishment.

PART 3
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INCREASE, REDUCTION AND


SUSPENSION OF PUNISHMENT

Section 51 In increasing the punishment, it shall not be


increased up to the punishment of death, imprisonment for
life or imprisonment exceeding fifty years.

Section 52 In reducing the punishment of death, whether it


be the reduction in the scale of punishment
or in the punishment to be inflicted, it shall be reduced as
follows:

If the reduction be by one-third, the punishment shall be


reduced to imprisonment for life;
If the reduction be by one-half, the punishment shall be
reduced to imprisonment for life or imprisonment of twenty-
five to fifty years.

Section 53 In having life imprisonment reduced, whether


the punishment will be reduced in the punishment scale or
in the inflicted punishment, the life imprisonment shall be
transferred as five year imprisonment.

Section 54 In calculating the increase or reduction of the


punishment to be inflicted, the Court shall determine the
punishment to be inflicted upon the accused first, and then
the punishment shall be increased or reduced. If there are
both increase and reduction of the punishment to
be inflicted, the punishment shall be increased first and the
reduced from the result of the addition. If the proportion of
the increase is equal to or more than that of the reduction,
the Court may, if it thinks fit, not increase or not reduce the
punishment.

Section 55 If the imprisonment, of which the offender must


be inflicted, is only for three months or less, the less
imprisonment may be determined by the Court or if the
offender to be inflicted by imprisonment is only for three
months or less, and to have the fine also, the less
imprisonment may be determined by the Court, or such
imprisonment may be repealed and only fine may still be
made.
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Section 56 Whoever commits offence of imprisonment, and


in such case, the Court will imprison not exceeding three
years, if it does not appear that such person has been
imprisoned before, or it appease that one has been
imprisoned before, but it is punishment for offence
committed by negligence or petty offence, when the Court
has taken into consideration of sex, age, past record,
religion, behavior, intelligence, education, health, mind-
condition, temperament, occupation and envelopment of
such person or the fined person's offence condition or other
extenuating circumstance, it deems advisable, the Court
will trial that such person has an offence but suspension of
the determination of punishment or designates the
punishment but the suspension of the in friction of
punishment and then one is released for giving the time to
such person reforming oneself within the period designated
by the Court, but it must be not out of five year as from the
date of the Court has passed a judgment and it will be
designated by the condition for controlling such person's
behavior or not.

Regarding the conditions for controlling the behavior of the


offender, the Court may determine one or more conditions
as follows:

1. To report himself to the official specified by the court


from time to time so that the official may make
inquiries, give advice, assistance or admonition on the
behavior and carrying on occupation, or arrange the
activity to be done for the social service or the public
benefit, as the official and offender think fit;
2. To be trained or to carry on occupation substantially;
3. To refrain from going into the society or from any
behavior which may lead to the commission of the
similar offence again;
4. To take the offender to receive the assuagement and
cure of the harmfully habit forming drugs, defective
body or mind, or the other illness at the place and the
period of time as determined by the Court;
5. The other conditions are determined by the Court, as it
thinks fit, in order to rectify, resuscitate or protect the
offender to be not commit the offence or not having the
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occasion for committing the offence again.

Regarding the conditions determined by the Court


according to the foregoing paragraph, if, afterwards, it
appears to the Court from the submission of the offender,
the legal representative or guardian of such person, the
Public Prosecutor or the official that the circumstances
relating to the control of the behavior of the offender have
changed, the Court may, if it thinks fit, modify, supplement
or revoke any of the conditions, or may determine in
addition any of the conditions as mentioned in the
foregoing paragraph which is not yet determined.

Section 57 When it is appeared to the Court itself, or it is


appeared from the statement of the Public Prosecutor or
the official that the offender does not comply with the
conditions as determined by the Court according to Section
56, the offender may be admonished by the Court, or the
punishment which is not yet determined by the Court, or the
suspended punishment may be inflicted.

Section 58 Whenever it appears to the Court, or from the


statement of the prosecutor or the official that, within the
period of time determined by the Court according to Section
56, the sentenced person has committed an offence which
is not an offence committed by
negligence or a petty offence, and the Court passes
judgment inflicting the punishment of imprisonment for
such offence, the Court passing judgment in the latter case
shall determine the punishment not yet determined in the
former case and add it to the punishment in the latter case,
or shall add the punishment of the infliction of which has
been suspended in the former case to the punishment in
the latter case, as the case may be.

But if, within the period of time determined by the Court


according to Section 56, such person has not committed an
offence as mentioned in the first paragraph, such person
shall pass from having the punishment determined or from
being inflicted with the punishment in that case, as the
case may be.
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CHAPTER 4

CRIMINAL LIABILITY

Section 59 A person shall be criminally liable only when


such person commits an act intentionally, except in case of
the law provides that such person must be liable when such
person commits an act by negligence, or except in case of
the law clearly provides that such person must be liable
even though such person commits an act unintentionally.

To commit an act intentionally is to do an act consciously


and at the same time the doer desired or could have
foreseen the effect of such doing.

If the doer does not know the facts constituting the


elements of the offence, it cannot be deemed that the doer
desired or could have foreseen the effect of such doing.

To commit an act by negligence is to commit an offence


unintentionally but without exercising such care as might
be expected from a person under such condition and
circumstances, and the doer could exercise such care but
did not do so sufficiently.

An act shall also include any consequence brought about


by the omission to do an act which must be done in order to
prevent such consequence.
Section 60 Whenever any person intends to commit an act
against a person, but the effect of the doing of such act
occurs to another person through a slip, it shall be deemed
that such person intentionally commits such act against
the person who suffers from the bad effect of such doing.
But, in case of the law provides for the infliction of heavier
punishment on account of individual status or the relation
between the doer and the person suffering from the bad
effect, such law shall not be applied so as to inflict the
heavier punishment on the doer.

Section 61 Whenever any person intends to commit an act


against a person, but commits such act against another
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person by mistake, such person may not raise the mistake


as an excuse that such person did not intentionally commit
such act.

Section 62 Whenever any fact, if really existing, will cause


the doing of any act not to be an offence, or the doer not to
be punishable, or to receive less punishment, and even
though such fact does not really exist, but the doer
understands mistakenly that it really exists, the doer shall
not be guilty, or shall be exempted from the punishment, or
shall receive less punishment, as the case may be.

If ignorance of fact according to the third paragraph of


Section 59, or the mistake as to the existence of fact
according to the first paragraph has occurred through the
negligence of the offender, the doer shall be liable for
committing the offence by negligence in case of the law
specifically provides that the doer shall be criminally liable
for the act though committed by negligence.

A person shall receive heavier punishment on account of


any fact only when such person must have known of such
fact.

Section 63 If the effect of the commission of any offence


causes the doer to receive heavier punishment, such effect
must be that which may ordinarily occur.
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Section 64 The person shall not be excused from the


criminal liability committed by ignorance of law.
But, if the Court deems that, according to the conditions
and circumstances, the offender may not have known that
the law has been prescribed that such act to be an offence,
the evidence may be allowed by the Court in order to such
person to produce before the Court, and if the doer, whom
the Court believes that, does not know that the law has be
so provided, the Court may inflict less punishment to any
extent than that prescribed by the law for such offence.

Section 65 Whenever any person commits an offence at the


time of not being able to appreciate the nature, or illegality
of his act or not being able to control himself on account of
defective mind, mental disease or mental infirmity, such
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person shall not be punished for such offence.

But, if the offender is still partially able to appreciate the


nature or illegality of his act, or is still partially able to
control himself, such person shall be punished for such
offence, but the Court may inflict less punishment to any
extent than that provided by the law for such offence.

Section 66 Intoxication on account of taking liquor or any


other intoxicant may not be raised as an excuse under
Section 65, except where such intoxication is caused
without the knowledge or against the will of the offender,
and such person has committed the offence at the time of
not being able to appreciate the nature of illegality of his
act or not being able to control himself, the offender shall
then be exempted from the punishment for such offence.
But, if such person is still partially able to appreciate the
nature or illegality of his act, or is still partially able to
control himself, the Court may inflict less punishment to
any extent than that provided by the law for such offence.

Section 67 Any person shall not be punished for


committing any offence on account of necessity:

1. When such person is under compulsion or under the


influence of a force such that such person cannot avoid
or resist; or
2. When such person acts in order to make himself or
another person to escape from an imminent danger
which could not be avoided by any other means, and
which such person did not cause to exist through his
own fault. Provided that no more is done than is
reasonably necessary under the circumstances.

Section 68 Any person is to commit any act for defending


his own right or other person's right in order to except from
a danger arising out of violence tortuous to the law and
such danger to be imminent, if reasonably having
committed under the circumstance, such act is a lawful
defense, and such person shall not have a quilt.
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Section 69 In the cases as provided in Sections 67 and 68,


if the act committed is in excess of what is reasonable
under the circumstances or in excess of what is necessary,
or in excess of what is necessary for the defense, the Court
may inflict less punishment to any extent than that
provided by the law for such offence. But, if such act occurs
out of excitement, fright or fear, the Court may not inflict
any punishment at all.

Section 70 Any person does an act done in accordance with


the order of an official, even though such order is unlawful,
if such doer has the duty or believes in good faith that
having the duty to comply with such order, that person shall
not punished, unless that person Knows that such order is
unlawful.

Section 71 If the offences as provided in Section 334 to


Section 336, first paragraph, and Section 341 to Section
364 are committed by a husband against his wife, or by a
wife against her husband, the offender shall not be
punished.

If the aforesaid offences are committed by an ascendant


against his descendant, or by a descendant against his
ascendant, or by a brother or sister of the same parents
against each other, the offences shall, even though not
provided by the law as compoundable offences, be deemed
as compoundable offences. Moreover, the Court may inflict
less punishment to any extent than that provided by the law
for such offences.
Section 72 Any person to be hot blooded by being
maltreated seriously by unjust cause comes to commit an
offence against the maltreating person at that time, the
Court may inflict the punishment upon such person any
less than punishment as prescribed by the law for such
offence.

Section 73 A child not yet over seven years of age shall not
be punished for committing what is provided by the law to
be an offence.

Section 74 Whenever a child over seven years but not yet


over fourteen years of age commits what is provided by the
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law to be an offence, he shall not be punished, but the Court


shall have the power as follows:

1. To admonish the child and then discharge him ; and the


Court may, if it thinks fit, summon the parents or
guardian of the child or the person with whom the child
is residing to be given an admonition too;
2. If the Court is of opinion that the parents or guardian are
able to take care of the child, the Court may give order to
hand over the child to his parents or guardian by
imposing the stipulation that the parents or guardian
shall take care that the child does not cause any harm
throughout the time prescribed by the Court, but not
exceeding three years, and fixing a sum of money, as it
thinks fit, which the parents or guardian shall have to
pay to the Court, but not exceeding one thousand Baht
for each time when such child causes harm; If the child
resides with a person other than his parents or guardian,
and the Court does not think fit to summon the parents
or guardian to impose the aforesaid stipulation, the
Court may summon the person with whom the child
resides for questioning as to whether or not he will
accept the stipulation similar to that prescribed for the
parents or guardian as aforesaid. If the person with
whom such child resides consents to accept such
stipulation, the Court shall give order to hand over the
child to such person by imposing the aforesaid
stipulation;
3. In case of the Court hands over the child to his parents,
guardian or to the person with whom the child resides
according to (2), the Court may determine the conditions
for controlling behavior of the child in the same manner
as provided in Section 56 also. In such case, the Court
shall appoint a probation officer or any other official to
control behavior of the child;
4. If the child has no parents or guardian, or has them but
the Court is of opinion that they are unable to take care
of such child, or if the child resides with a person other
than the parents or guardian, and such person refuses
to accept the stipulation mentioned in (2), the Court may
give order to hand over such child to a person or
organization, as the Court thinks fit, to take care of, to
train and to give instruction throughout the period of
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time prescribed by the Court when consented to by such


person or organization. in such case, such person or
organization shall have the same power as that of the
guardian only for the purpose of taking care of, training
and giving instruction as well as determining the
residence and making arrangement for the work to be
done by the child, as may be reasonable; or
5. To send such child to a school or place of training and
instruction or a place established for training and giving
instruction to children throughout the period of time
prescribed by the Court but not longer than the time
when such child shall have completed eighteen years of
age.

As to the orders of the Court mentioned in (2), (3), (4) and


(5), if, at any time within the period of time prescribed by
the Court, it appears to the Court itself, or it appears from
the submission of the interested person, the Public
Prosecutor, or the person or the organization to whom or
which the Court has handed over the child for taking care
of, training and giving instruction, or the official that the
circumstances relating to such order have changed, the
Court shall have the power to modify such order or to give a
new order according to the
power vested by this Section.
Section 75 Whenever any person over fourteen years but
not yet over seventeen years of age commits any act
provided by the law to be an offence, the Court shall take
into account the sense of responsibility and all other things
concerning such person in order to come to decision as to
whether it is expedient to pass judgment inflicting
punishment on such person or not. If the Court does not
deem it expedient to pass judgment inflicting punishment,
it shall proceed according to Section 74, or if the Court
deems it expedient to pass judgment inflicting punishment,
it shall reduce the scale of punishment as provided for such
offence by one-half.
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Section 76 Any person out of seventeen years but not out


of twenty years of age commits an act as prescribed by the
law to be an offence, if the Court to deem expedient may
reduce the scale of the punishment as provided for such
offence by one-third or a half.

Section 77 In case of the Court imposes a stipulation


requiring the parents, guardian or the person with whom
such child resides to take care that such child does not
cause any harm according to Section 74 (2), if such child
causes any harm within the prescribed time, the Court has
the power to compel the parents, guardian or the person
with whom such child resides to pay a sum of money not
exceeding that determined in such stipulation within the
time as the Court thinks fit. If the parents, guardian or the
person with whom such child resides fail to pay the sum of
money, the Court may give order to seize the property of the
parents, guardian or the person with whom such child
resides for payment of what must be paid.

In case of the Court compels the parents, guardian or the


person with whom such child resides to pay the sum of
money according to such stipulation, if the Court does not
modify the order imposing such stipulation according to the
last paragraph of Section 74 to be otherwise, such
stipulation shall remain in force further until the period of
time prescribed in such stipulation terminates.
Section 78 Whenever it appears that there exists an
extenuating circumstance, whether or not there be an
increase or reduction of the punishment according to the
provisions of this Code or the other law, the Court may, if it
is suitable, reduce the punishment to be inflicted on the
offender by not more than one-half.

Extenuating circumstances may include lack of intelligence,


serious distress, previous good conduct, the repentance
and the efforts made by the offender to minimize the
injurious consequence of the offence, voluntary surrender
to an official, the information given or the Court for the
benefit of the trial, or the other circumstance which the
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Court considers to be of similar nature.

Section 79 In the case having offence to be punished with


fine only, if the person alleged as having committed an
offence pays the fine in the maximum rate for such offence
before the Court commences to take the evidence, the case
shall be lapsed.

CHAPTER 5

OF COMMITMENT

Section 80 Whoever commences to commit an offence, but


does not carry it through, or carries it through, but does not
achieve its end, is said to attempt to commit an offence.
Whoever attempts to commit an offence shall be liable to
two-thirds of the punishment as
provided by the law for such offence.

Section 81 Whoever commences and commits the offence,


but does not commit it through, or commits it through, but
does not achieve its good result, such person in said to
attempts and commits an offence.

The offence is attempted to commit by whomever, such


person shall be punished two-thirds of punishment as
prescribed by the law for such offence. If the act mentioned
in the first paragraph is done on account of blind belief, the
Court may not inflict the punishment.
Section 82 Whoever attempts to commit an offence, but, on
his own accord, desists from carrying it through, or changes
his mind and prevents the act from achieving its end, shall
not be punished for such attempt to commit the offence.
But, if what he has already done comes under the
provisions of law as an offence, he shall be punished for
such offence.

CHAPTER 6

PRINCIPALS AND SUPPORTERS


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Section 83 In case of any offence is accrued by


commission of the person as from two persons upwards,
such accomplices deemed to be principals shall be
punished as provided by the law for such offence.

Section 84 Whoever, whether by employment, compulsion,


threat, hire, asking as favor or instigation, or by any other
means, causes another person to commit any offence is
said to be an instigator.

If the employed person commits the offence, the instigator


shall receive the punishment as principal. If the offence is
not committed, whether it be that the employed person
does not consent to commit, or has not yet committed, or
on account of any ether reason, the instigator shall be liable
to only one-third of the punishment provided for such
offence.

Section 85 Whoever propagates or publishes to the general


public to commit an offence and such offence being
punishable with imprisonment of not less than six months,
shall be liable to one-half of the punishment provided for
such offence.

If the offence is committed on account of the propagation


or publication according to the first paragraph, the person
who made such propagation or publication shall be liable to
the punishment as principal.
Section 86 Whoever does for any reason whatsoever as
assist or facility to any other person committing an offence
before or late time of committing the offence, even though
such assistance or facility is not known by the offender,
such assistant deemed to be supporter in committing such
offence shall be punished by two-thirds of the punishment
as provided for such offence.

Section 87 In case of an offence is committed on account


of having a person to employ an another person to commit
the offence according to Section 84, or on account of
having a person to propagate or publish to the general
public to commit the offence according to Section 85, or by
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having the supporter according to Section 86. If the offence


occurred is committed by the offender beyond the scope of
the employment, propagation or publication, or in excess of
the intention of the supporter, the instigator, the person
making the propagation or
publication to the general public to commit the offence, or
the supporter to commit the offence, as the case may be,
shall be criminally liable for the offence only in so far as it is
within the scope of the employment, propagation or
publication, or within the scope of the
intention of the supporter to commit the offence only. But,
by circumstances, if it may be foreseen that such offence
may occur from the employment, propagation or
publication, or support, the instigator, the person making
the propagation or publication to the general
public to commit the offence, or the supporter to commit
the offence, as the case may be, shall be criminally liable
for the offence occurred.

foreseen that such consequence would occur.In case of the


employed person, the person doing according to the
propagation or publication to the general public to commit
an offence, or the principal in the offence shall be criminally
liable for higher punishment on account of the
consequence resulting from the commission of the offence,
the instigator, the person making the propagation or
publication to the general public to commit the offence, or
the supporter to commit the offence, as the case may be,
shall be also criminally liable for the offence having such
higher punishment. But, by the nature of the offence, if the
offender shall be criminally liable for higher punishment
only when the offender must know or could foresee that
such consequence would occur, the instigator, the person
making the propagation or publication to the general public
to commit the offence, or the supporter to commit the
offence shall be criminally liable for the offence having
higher punishment only when he has known or could have

Section 88 If the offence for which there is employment,


propagation or publication to the general public to commit
the offence or support is carried out up to the stage of
commencement, but, on account of the intervention of the
instigator, the person making the propagation
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or publication, or the supporter, it cannot be carried through,


or it is carried through, but it does not achieve its end, the
instigator or the person making the propagation or
publication shall be liable only for what is provided in
Section 84, second paragraph, or Section 85, first
paragraph, as the case may be, while the supporter shall
not be liable to punishment.

Section 89 If there are the circumstance personal to any


offender so as to excluded, reduce or increase the
punishment, such circumstances personal shall not be
applied to any other offender for committing such offence.
But the circumstances so as to exclude, reduce or increase
the punishment as circumstances relating to the nature of
the offence, it shall be applied to every offender involving
the commission of the offence.

CHAPTER 7

CONCURRENCE OF OFFENCES

Section 90 When any act is one and the same act violating
several provisions of the law having the severest
punishment shall be applied to inflict the punishment upon
the offender.

Section 91 If it appears that any offender has committed


the several distinct and different offences, the Court may
inflict upon such offender the punishment prescribed for
each offence. But, whether there shall be increase of the
punishment, reduction of the punishment or reduction in
the scale of the punishment, or not, the total punishment of
every offence must not exceed the following determination:

1. Ten years in case of the severest offence to have the


rate of the maximum punishment of imprisonment not
exceeding three years;
2. Twenty years in case of the severest offence to have the
rate of the maximum punishment of imprisonment
exceeding three years upwards, but not more than ten
years;
3. Fifty years in case of the severest offence to have the
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rate of the maximum punishment of imprisonment


exceeding ten years upwards, unless in the case where
the Court inflicts upon the offender the punishment of
imprisonment for life.

CHAPTER 8

RECIDIVE

Section 92 If whoever, having been adjudged finally to be


convicted by imprisonment, has committed any subsequent
offence during the time still having to undergo the
punishment, or within five years as from the date of passing
the punishment, if the Court will sentence for the
subsequent offence to be imprisoned, the Court shall
increase the punishment to be inflicted upon such person
by one-third of the punishment as prescribed by the Court
for the subsequent offence.

Section 93 Whoever, having been convicted of a prior


offence by a final judgment, commits any subsequent
offence as specified in the following sub-sections during
the time he still has to undergo the punishment, or within
three years as from the date of passing the punishment,
both the prior and subsequent offences falling under the
same sub-section, and if the Court is to inflict the
punishment of imprisonment for the subsequent offence,
the punishment to be inflicted upon him shall, if the
punishment inflicted by the judgment for the prior offence
was imprisonment of not less than six months, be
increased by one-half of the punishment imposed upon him
by the Court for the subsequent offence:

1. Offences Relating to the Security of the Kingdom as


provided in Section 107 to Section 135;
2. Offences against Officials as provided in Section 136 to
Section 146;
3. Malfeasance in Office as provided in Section 147 to
Section 166;
4. Offences Against Judicial Officials as provided in
Section 167 to Section 192 and Section 194;
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5. Malfeasance in Judicial Office as provided in Section


200 to Section 204;
6. Offences Relating to Public Peace as provided in
Section 209 to Section 216;
7. Offences Relating to Causing Public Dangers as
provided in Section 217 to Section 224, Section 226 to
Section 234, and Section 236 to Section 238;
8. Offences Relating to Currency as provided in Section
240 to Section 249, and Offences Relating to Seals,
Stamps and Tickets as provided in Section 250 to
Section 261, and Offences Relating to Documents as
provided in Section 264 to Section 269;
9. Offences Relating to Trade as provided in Section 270 to
Section 275;
10. Offences Relating to Sexuality as provided in Section
276 to Section 285;
11. Offences against Life as provided in Sections 288 to
Section 290 and Section 294,
12. Offences against Body as provided in Section 295 to
Section 299, Offences Relating to Abortion as provided
in Section 301 to Section 303, and Offences Relating to
Abandonment of Children, Sick Persons or Aged
Persons as provided in Section 306 to Section 308;
13. Offences against Liberty as provided in Section 309,
Section 310 and Section 312 to Section 320;
14. Offences against Property as provided in Section 334 to
Section 365.
Section 94 The offence committed by negligence, petty
offence and offence committed by the offender while not to
be over seventeen years of age, irrespective of whether the
prior offence or the subsequent offence, shall not be
deemed as the offence so as to increase the punishment
under the provisions of this Chapter.

CHAPTER 9

PRESCRIPTION

Section 95 In a criminal case, if the offender is not


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prosecuted and brought to the Court within the following


specified periods of time as from the date of the
commission of the offence, the prosecution shall he
precluded by prescription:

1. Twenty years in case of offences punishable with death,


imprisonment for life or imprisonment of twenty years;
2. Fifteen years in case of offences punishable with
imprisonment of over seven years but not up to twenty
years;
3. Ten years in case of offences punishable with
imprisonment of over one year up to seven years;
4. Five years in case of offences punishable with
imprisonment of over one month up to one year;
5. One year in the case of offences punishable with
imprisonment of one month downwards or other
punishment.

If the offender has been prosecuted and brought to the


Court, but the offender escapes, or is insane, and the Court
gives order suspending the trial till the specified period has
expired reckoning from the date of escape, or the date of
giving order suspending the trial, it shall
be deemed that prosecution be likewise precluded by
prescription.

Section 96 Subject to Section 95, in case of compoundable


offence, if the injured person does not lodge a complaint
within three months as from the date of offence and
offender to be known by the injured person, the criminal
prosecution is precluded by prescription.

Section 97 In a prosecution for relegation, if it is to be made


after the prosecution of the case which is the basis giving
rise to the power of prosecution for relegation, it must be
made within six months reckoning from the day of
prosecution of such case, otherwise it shall be precluded by
prescription.

Section 98 If any person, convicted by the final judgment,


has not yet undergone the punishment, or has not
completely undergone the punishment on account of
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having made an escape, and such person is not brought to


undergo the punishment till the following periods of time
reckoning from the day of the final judgment, or the day on
which the offender has made the escape, as the case may
be, the execution of punishment shall be precluded by
prescription, and the punishment shall not be inflicted upon
such person:

1. After twenty years in case of a sentence to death, to


imprisonment for life or to imprisonment of twenty
years;
2. After fifteen years in case of a sentence to
imprisonment of over seven years but not up to twenty
years;
3. After ten years in case of a sentence to imprisonment of
over one year up to seven years;
4. After five years in case of a sentence to imprisonment
of one year downwards or any other punishment.

Section 99 If the seizure of property paying the fine or


confinement in lieu of fine has been made within five years
as from the date of final judgment, neither seizure of
property nor confinement shall be unable to make.
The provisions of the first paragraph shall not be enforced
to the case of confinement in lieu of fine as made
continuously with the infliction of imprisonment.

Section 100 If any person relegated by the final judgment


has not under-gone relegation, or has not completely
undergone relegation on account of having made an
escape, and the period of three years has expired reckoning
from the day of passing the punishment by having
undergone the punishment according to the judgment or by
having the execution of punishment precluded by
prescription, or from the day when such person made an
escape during the time of relegation, the relegation shall be
precluded, and such person shall not be relegated.

Section 101 If the execution of the order of the Court


according to Section 46, or the request to the Court to make
an order for payment of money when the person executing
the bond breaks the bond according to Section 47 is not
made within two years reckoning from the day when the
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Court gave the order, or from the day when the person
executing the bond broke the bond, the execution or
request shall not be made.

TITLE II

PROVISIONS APPLICABLE TO PETTY


OFFENCES

Section 102 The petty offence is the offence which shall be


punished by imprisonment not out of one month or fine not
out of one thousand Baht, or both imprisonment and fine as
aforesaid together.

Section 103 The provisions of Title I, excepting those


provided in the three following Sections, shall apply to the
case of petty offences also.

Section 104 Petty offences under this Code are punishable


offences, even though they are committed unintentionally,
unless otherwise provided in such offences.

Section 105 Whoever attempts and commits the petty


offence, that person shall not be punished.

Section 106 A supporter to commit a petty offence shall not


be punished.

BOOK II
SPECIFIC OFFENSES

TITLE I

OFFENCES RELATING TO THE


SECURITY OF THE KINGDOM
----------------------------------------------------
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CHAPTER 1

OFFENCES AGAINST THE KING, THE


QUEEN, THE HEIR-APPARENT AND THE
REGENT

Section 107 Whoever, assassinating the King to the death,


shall be punished by the death. Whoever, attempting to
commit the act as aforesaid, shall be punished in the same
manner. Whoever, making any act as preparation for
assassinating the King or knowing that there is the person
who will assassinate the King, having made any act to
assist in keeping the secret act, shall be punished by life-
imprisonment.

Section 108 Whoever, commits an act of violence against


the King or His liberty, shall be punished with death or
imprisonment for life. Whoever, attempts to commit such
offence, shall be liable to the same punishment. If such act
is likely to endanger His life, the offender shall be punished
with death. Whoever, makes preparations for committing
any act of violence against the King or His liberty, or does
any act to assist in keeping secret any intention to commit
such offence, shall be punished with imprisonment of
sixteen to twenty years.
Section 109 Whoever causes death to the Queen, the Heir-
apparent or the Regent shall be punished with death.
Whoever attempts to commit such offence, shall be liable
to the same punishment. Whoever makes preparations for
causing death to the Queen, the Heir-apparent or the
Regent, or does any act to assist in keeping secret any
intention to commit such offence, shall be punished with
imprisonment of twelve to twenty years.
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Section 110 Whoever commits an act of violence against


the Queen or Her liberty, the Heir-apparent or His liberty, or
the Regent or his/her liberty, shall be punished with
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imprisonment for life or imprisonment of sixteen to twenty


years. Whoever attempts to commit such offence shall be
liable to the same punishment.
If such act is likely to endanger the life of the Queen, the
Heir-apparent or the Regent, the offender, shall be punished
with death or imprisonment for life.
Whoever makes preparations for committing an act of
violence against the Queen or Her liberty, the Heir-apparent
or His liberty, or the Regent or his/her liberty, or does any
act to assist in keeping secret any intention to commit such
offence, shall be punished with imprisonment of twelve to
twenty years.

Section 111 Whoever to be the supporter for committing


any offence under Section 107 to Section 110 shall be
punished in the same manner as the principal in such
offence.

Section 112 Whoever, defames, insults or threatens the


King, the Queen, the Heir-apparent or the Regent, shall be
punished with imprisonment of three to fifteen years.

CHAPTER 2

OFFENCES AGAINST THE INTERNAL


SECURITY OF THE KINGDOM

Section 113 Whoever, commits an act of violence or


threatens to commit an act of violence in order to:
1. Overthrow or change the Constitution;
2. Overthrow the legislative power, the executive power or
the judicial power of the Constitution, or nullify such
power; or
3. Separate the Kingdom or seize the power of
administration in any part of the Kingdom, is said to
commit insurrection, and shall be punished with death
or imprisonment for life.

Section 114 Whoever, collecting the forces or arms, or


otherwise making the preparations or conspires to commit
the insurrection, or committing any offence as the part of
the plot committing the insurrection, or instigating the
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private persons to commit the insurrection, or Knowing that


there are the persons to commit the insurrection and
making any act to assist in keeping such secret intention to
commit such insurrection, shall be punished by
imprisonment as from three to fifteen years.

Section 115 Whoever, instigates any member of the armed


forces or the police forces to desert or not to perform his
duties, or to commit mutiny, shall be punished with
imprisonment not exceeding five years. If such offence is
committed for the purpose of undermining the discipline
and efficiency of the said armed forces or police forces, the
offender shall be punished with imprisonment not
exceeding ten years.

Section 116 Whoever makes an appearance to the public by


words, writings or any other means which is not an act
within the purpose of the Constitution or for expressing an
honest opinion or criticism in order:

1. To bring about a change in the Laws of the Country or


the Government by the use of force or violence;
2. To raise unrest and disaffection amongst the people in a
manner likely to cause disturbance in the country; or
3. To cause the people to transgress the laws of the
Country, shall be punished with imprisonment not
exceeding seven years.
Section 117 Whoever, instigates or causes a strike, lockout,
or concerted cessation of trade or business with any
person for the purpose of bringing about any change in the
Laws of the Country, coercing the Government or
intimidating the public, shall be punished with
imprisonment not exceeding seven years or fine not
exceeding fourteen thousand Baht, or both.

Whoever, with the knowledge of the above purpose, takes


part or assists in the said strike, lock-out, or concerted
cessation of trade or business with any person shall be
punished with imprisonment not exceeding three years or
fine not exceeding six thousand Baht, or both.
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Whoever, with the knowledge of the above purpose,


commits any act of violence, threatens to commit any act
of violence or intimidates by any means whatever so as to
compel any person to take part or assist in any strike, lock-
out, or concerted cessation of trade or business with any
person, shall be punished with imprisonment not exceeding
five years or fine not exceeding ten thousand Baht, or both.

Section 118 Whoever, making any act to the flag or any


other emblem to be symbolized the State with the intention
to deride the Nation, shall be imprisoned not out of two
years or fined not out of four thousand Baht, or both.

CHAPTER 3

OFFENCES AGAINST THE EXTERNAL


SECURITY OF THE KINGDOM

Section 119 Whoever, does any act with intent to cause the
Country or any part thereof to descend under the
sovereignty of any foreign State, or to deteriorate the
independence of the State, shall be punished with death or
imprisonment for life.

Section 120 Whoever, conspiring with the person to make


the act for the benefit of the foreign State with the intention
of causing the battle against the State or in other way
against the State, shall be imprisoned for life or imprisoned
as from ten years to twenty years.

Section 121 Whoever, being a Thai, bears the arms in battle


against the Country, or participates as an enemy of the
Country, shall be punished with death or imprisonment for
life.

Section 122 Whoever, does any act in order to assist the


waging of battle or the preparation for battle of the enemy,
shall be punished with imprisonment of five to fifteen
years. If such assistance is made:
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1. By rendering useless or bringing into the power of an


enemy, any fortress, camp, airport, war conveyance,
conveyance, line of communication, article used in
communication, armaments, food, dock, building or any
other thing used for the purpose of war;
2. By instigating any member of the armed forces to
neglect to perform his duties, to commit mutiny, to
desert the service or to commit breach of discipline;
3. By committing espionage, conducting or guiding the
enemy; or
4. By acting any other means of the advantage for the
enemy in the battle;

The offender shall be punished with death or imprisonment


for life.

Section 123 Whoever, making any act so as to procure the


information, document or any thing kept to be secret for the
safety of the Country, shall be imprisoned not less than ten
years.

Section 124 Whoever, does any act in order that any other
person may know or obtain any information, document or
anything which is kept secret for the safety of the Country,
shall be punished with imprisonment not exceeding ten
years. If such offence is committed whilst the Country is
engaged in the battle or war, the offender shall be punished
with imprisonment of five to fifteen years.
If the offence, mentioned in the two foregoing paragraphs,
is committed for the benefit of a foreign State, the offender
shall be punished with death or imprisonment for life.

Section 125 Whoever, counterfeiting, fabricating, detaining,


hiding, concealing, removing, damaging, destroying, or
losing or rendering any of document or plan concerning the
interest of State in the international affairs, shall be
imprisoned not out of ten years.

Section 126 Whoever, being entrusted by the Government to


carry out any activities of the State with a foreign
Government, dishonestly does not carry out the activities
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as entrusted, shall be punished with imprisonment of one


to ten years.

Section 127 Whoever, making any act for causing the


danger to the external security of the State, shall be
imprisoned not out of ten years.
If such danger having been occurred, the offender shall be
punished with the death or life imprisonment or imprisoned
as from two years to twenty years.

Section 128 Whoever, makes preparation or attempt to


commit any offence mentioned in this Chapter, shall be
liable to the same punishment provided for such offence.

Section 129 Whoever, to be the supporter for committing


any offence as mentioned by this Chapter, shall be
punished in the same punishment as the principal in such
offence.

CHAPTER 4

OFFENCE AGAINST THE FRIENDLY


RELATION WITH FOREIGN STATES

Section 130 Whoever, committing bodily harm, or


committing any act of violence against the liberty of the
Sovereign, his Queen or her Consort, Heir-apparent or Head
of a friendly foreign State, shall be punished with
imprisonment of one to fifteen years.
Whoever attempts to commit such offence shall be liable to
the same punishment.

Section 131 Whoever, assaulting or committing any act of


violence against the liberty of the Foreign Representative to
be accredited to the Royal court, shall be imprisoned not
out of ten years. Whoever, attempting to commit the act as
aforesaid, shall be punished by the same punishment.

Section 132 Whoever causing death, or attempting to cause


death to any person specified in Section 130 or Section
131, shall be punished with death or imprisonment for life.

Section 133 Whoever, defaming, insulting or threatening the


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Sovereign, Queen, Consort, Heir-apparent or Head of


Foreign State, shall be imprisoned as from one year to
seven years or fined as from two thousand to fourteen
thousand Baht, or both.

Section 134 Whoever, defaming, insulting or threatening a


foreign Representative accredited to the Royal Court, shall
be punished with imprisonment of six months to five years
or fine of one to ten thousand Baht, or both.

Section 135 Whoever, doing any act to the flag or any other
emblem to be symbolized the friendly Foreign State with
the intention to deride that State, shall be imprisoned not
out of two years or fined not out of four thousand Baht, or
both.

TITLE I/I

THE OFFENCE IN RESPECT OF


TERRORIZATION

Section 135/1 Whoever, performing the Criminal Offence, as


follows:

1. Commit an act of violence or exercise any act to cause a


danger to life or a body harm or any person's freedom
harm seriously;
2. Commit any act to cause seriously injury to
transportation-system, communication-system or
structure base of public interest;
3. Commit any act to cause injury to any State's property
or any person's property or an envelopment to cause
likely cause an important economic injury;

If such act is made by the aim to treated or enforce Thai


Government, Foreign Government or International
Organization make or not to make any act to cause
seriously injury or for making a disorder by causing the
people to be terrified, such person committing an offence of
terrorization must be punished with death, imprisonment
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for life or imprisonment from three years to twenty years


and fine from six ten thousands Baht to one million Baht;

Doings by demonstration, convocation, protestation,


argument or movement for demanding Government aid or
to be received Justice is not offence of terrorization.

Section 135/2 Whoever:

1. Treated to make a terrorization under circumstances


advisable to be believed that such person will do as
treatment really; or
2. Collect forces or arms, procure or gather property, give
or receive a training terrorization, prepare any other act
or conspire each other to terrorize or commit any
offence in a part of plan to terrorize or abet people into a
part of terrorization or ones know the terrorists and
commit any act to be covered;

Such person shall be imprisoned as from two years to ten


years and fined as from four ten thousands Baht to two
hundred thousands Baht.

Section 135/3 Whoever to be supporter in committing


offence under Section 135/1 or Section 135/2 shall be
liable to the same punishment as principal in such offence.

Section 135/4 Whoever to be the member of a body of


persons who there is resolution of or notification subject to
Security Council of the United Nations Organization
designating as a body of persons to have committed an act
as terrorization, and Thai Government has notified to
acknowledge notification or resolution as aforesaid, such
person shall be imprisoned not more than seven years and
fined not more than hundred thousands and four ten
thousands Baht.

TITLE II

OFFENCE RELATING TO
PUBLIC ADMINISTRATION
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-----------------------------------------

CHAPTER 1

OFFENCE AGAINST OFFICIALS

Section 136 Whoever, insulting the official doing the act


according to the function or having done the act according
to the function, shall be imprisoned not out of one year or
fined not out of two thousand Baht, or both.

Section 137 Whoever, giving any false information to any


official, and is likely to cause injury to any person or the
public, shall be punished with imprisonment not exceeding
six months or fine not exceeding one thousand Baht, or
both.

Section 138 Whoever, resisting or obstructs an official or a


person required by law to assist such official in the due
exercise of his functions, shall be punished with
imprisonment not exceeding one year or fine not exceeding
two thousand Baht, or both.

If such resistance or obstruction is committed by doing an


act of violence or threatening to do an act of violence, the
offender shall be punished with imprisonment not
exceeding two years or fine not exceeding four thousand
Baht, or both.
Section 139 Whoever, coercing the official to exercise the
act un-functionally or refraining from the discharge of one's
duty by doing any act of violence or threatening to do any
act of violence, shall be imprisoned not out of four years or
fined not out of eight thousand Baht, or both.

Section 140 If the offence according to the second


paragraph of Section 138, or Section 139 is committed by
the offender carrying or using any arms, or by having
participation of three persons upwards, the offender shall
be punished with imprisonment not exceeding five years or
fine not exceeding ten thousand Baht, or both.
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If such offence is committed by alluding to the power of a


secret society or a criminal association, whether there is
such secret society or criminal association or not, the
offender shall be punished with imprisonment of two to ten
years and fine of four to twenty thousand Baht. If the
offence according to this Section is committed by the
offender carrying or using any gun, or explosive, the
offender shall be liable to heavier punishment than that as
provided in the two preceding paragraphs by one-half.

Section 141 Whoever, removing, damaging, destroying or


rendering useless the seal or mark stamped or affixed by
the official to anything in discharge of one's duty in witness
whereof in seizing, attaching or keeping such thing, shall be
imprisoned not out of two years or fined not out of four
thousand Baht, or both.

Section 142 Whoever, damaging, destroying, concealing,


making away with, losing or rendering useless any property
or document seized or being kept by an official, or ordered
to be sent as evidence or for execution of the law, whether
the official keeps such property or document himself, or
ordering such person or the other person to send or keep it,
shall be punished with imprisonment not exceeding three
years or fine not exceeding six thousand Baht, or both.

Section 143 Whoever, demanding, accepting or agreeing to


accept a property or any other benefit for himself or the
other person as a return for inducting or having induced, by
dishonest or unlawful means, or by using his influence, any
official, member of the State Legislative Assembly, member
of the Changwat Assembly or member of the Municipal
Assembly to exercise or not to exercise any of his
functions, which is advantageous or disadvantageous to
any person, shall be punished with imprisonment not
exceeding five years or fine not exceeding ten thousand
Baht, or both.

Section 144 Whoever, giving, offering or agreeing to give the


property or any other benefit to the official, member of
State Legislative Assembly, member of Provincial Assembly
or member of Municipal Assembly so as to induce such
person to do or not to do any act, or to delay the doing of
any act contrary to one's own duty, shall be imprisoned not
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out of five years or fined not out of ten thousand Baht, or


both.

Section 145 Whoever, professing himself to be an official


and exercising the functions of an official without being an
official having the power to do so, shall be punished with
imprisonment not exceeding one year or fine not exceeding
two thousand Baht, or both.

Any official, who has been duly ordered to discontinue


further exercise of his functions still continues to exercise
such functions, shall be liable likewise to the punishment
as provided in the first paragraph.

Section 146 Whoever, not to have the right to wear the


uniform or insignia of any of official, member of State
Legislative Assembly, member of Provincial Assembly or
member of Municipal Assembly, or not to have the right to
use any of official title, rank, decoration or thing to
symbolize the decoration, and to do so in order to be
believed by other person that oneself has the right to wear
those things, shall be imprisoned not out of one year or
fined not out of two thousand Baht, or both.

CHAPTER 2

MALFEASANCE IN OFFICE
Section 147 Whoever, being an official having the duty of
purchasing, manufacturing, managing or keeping any thing,
dishonestly misappropriates the same for his own or the
other person, or dishonestly allows the other person to
misappropriate the same, shall be punished with
imprisonment of five to twenty years or imprisonment for
life, and fine of two thousand to forty thousand Baht.

Section 148 Whoever, to be the official, by a wrongful


exercise of one's functions, to coerce or to induce any
person to deliver or to procure the property or any other
benefit for oneself or other person, shall be imprisoned as
from five years to twenty years or to life imprisonment, and
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fined as from two thousand Baht to forty thousand Baht, or


both.

Section 149 Whoever, being an official, member of the State


legislative Assembly, member of the Changwat Assembly or
member of the Municipal Assembly, wrongfully demands,
accepts or agrees to accept for himself or the other person
a property or any other benefit for exercising or not
exercising any of his functions, whether such exercise or
non-exercise of his functions is wrongful or not, shall be
punished with imprisonment of five to twenty years or
imprisonment for life, and fined of two thousand to forty
thousand Baht, or death. http://www.samuiforsale.com

Section 150 Whoever, to be the official performing or not


performing any act in one's own function in consideration
of the property or any other benefit demanded, accepted or
agreed to accept by oneself before to be appointed as
official in that post, shall be imprisoned as from five years
to twenty years or life imprisonment, and fined as from two
thousand Baht to forty thousand Baht.

Section 151 Whoever, to be the official to have the duty in


the purchase, execution, management or maintenance of
any thing by a wrongful exercise of one's functions
damaging the State, the Municipality, the Sanitation or the
owner of such property, shall be imprisoned as form five
years to twenty year or life imprisonment and fined as from
two thousand Baht to forty thousand Baht.
Section 152 Whoever, being an official having the duty of
managing or looking after any activity, takes the interest for
the benefit of himself or the other person concerning such
activity, shall be punished with imprisonment of one to ten
years and fine of two thousand to twenty thousand Baht.

Section 153 Whoever, to be official to have the duty to


defray chose, having defrayed such chose more than what
should be defrayed chose, having defrayed such chose
more than what should be defrayed for the benefit of
oneself or the other person, shall be imprisoned as from
one year to ten years and fined as from two thousand Baht
to twenty thousand Baht.
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Section 154 Whoever, being an official having the duty, or


professing to have the duty of collecting or checking taxes,
duties, fees or any other money, dishonestly collects or fails
to collect such taxes, duties, fees or money, or does any act
or does not do any act in order that the person having the
duty to pay such taxes, duties or fees shall not have to pay
them, or pay less than what such person has to pay, shall
be punished with imprisonment of five to twenty years or
imprisonment for life, and fine of two thousand to forty
thousand Baht.

Section 155 Whoever, to be official to have the duty to


assess any of property-value or goods for collection of the
taxes, duties or fees according to the law dishonestly, to
such property- value or goods so as to such person to have
the duty to pay the tax, duties or fees without to pay or to
pay less than of which shall be paid by such person, shall
be imprisoned as from five years to twenty years or life
imprisonment and fined as from two thousand Baht to forty
thousand Baht.

Section 156 Whoever, being an official having the duty of


checking and auditing accounts according to the law
dishonestly, advises or does or does not do any act so as to
cause an omission of entry in the accounts, a false entry in
the accounts, an alteration in the accounts, or concealment
or evidence to be recorded in the entry of the accounts
resulting in the non- payment of taxes, duties or fees, or in
the payment of less than what such person has to pay, shall
be punished with imprisonment of five to twenty years or
imprisonment for life, and fined of two thousand to forty
thousand Baht.

Section 157 Whoever, being an official, wrongfully exercises


or does not exercise any of his functions to the injury of any
person, or dishonestly exercises or omits to exercise any of
his functions, shall be punished with imprisonment of one
to ten years or fined of two thousand to twenty thousand
Baht, or both.

Section 158 Whoever, to be official damaging, destroying,


concealing, taking away, losing or rendering useless any of
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property or document of which to be one self’s duty to take


charge or maintain, or allowing the other person doing so,
shall be imprisoned not out of seven years and fined not
out of fourteen thousand Baht.

Section 159 Whoever, being an official having the duty of


looking after and keeping any thing or document,
wrongfully does an act by removing, damaging, destroying
or rendering useless a seal or mark stamped or affixed by
the official on such thing or document in the exercise of his
functions as evidence of seizing or keeping such thing, or
allows the other person to do so shall be punished with
imprisonment not exceeding five years or fined not
exceeding ten thousand Baht, or both.

Section 160 Whoever, being an official having the duty of


keeping or using seals or impressions of the seals of the
official service or another person, wrongfully does an act by
using such seals or impressions of the seal, or allows the
other person to do so to the injury of another person or the
public, shall be punished with imprisonment not exceeding
five years or fined not exceeding ten thousand Baht, or
both.

Section 161 Whoever, to be official to have the duty to make


the document, to fill the contents in the document or to
look after and to keep the document, to forge the document
by virtue of the opportunity in exercising one self’s,
functions, shall be imprisoned not out of ten years and
fined not out of twenty thousand Baht.
Section 162 Whoever, being an official having the duty of
making a document, receiving a document or filling the
contents in a document does any of the following acts in
exercising his functions:

1. To certify that he has done any act or that any act has
been done in his presence, which is false;
2. To certify that there is information of a matter of which
there is no information;
3. To omit to record a matter which he has the duty to
record, or to make alteration of such matter in recording
it; or
4. To certify the fact which the document intends to prove
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as the truth, which is false,

Shall be punished with imprisonment not exceeding seven


years and fine not exceeding fourteen thousand Baht.

Section 163 Whoever, being an official having the duty in


the post, telegraph or telephone service, wrongfully does
any of the following acts:

1. Breaking open or allowing the other person to break


open the letter or other thing sent by post or telegraph;
2. Damaging, destroying, losing or allowing the other
person to damage, destroy or lose the letter or other
thing sent by post or telegraph;
3. Detaining, sending astray or delivering to another person
to whom he knows not to be addressed the letter or
other thing sent by post or telegraph; or
4. Disclosing any information sent by post, telegraph or
telephone,

Shall be punished with imprisonment not exceeding five


years or fine not exceeding ten thousand Baht, or both.

Section 164 Whoever, being an official, wrongfully does any


act so that the other person may have the knowledge of the
official secret which is known or may be known to him,
shall be punished with imprisonment not exceeding five
years or fined not exceeding ten thousand Baht, or both.
Section 165 Whoever, to be official to have the duty to
execute the law or order given for executing the law, to
prevent or to obstruct the execution of such law or order,
shall be imprisoned not out of one year or fined not out of
two thousand Baht, or both.

Section 166 Whoever, being an official, deserts work, or


does any act so that the work is interrupted or damaged, by
jointly participating with other persons numbering together
from five persons upwards, shall be punished with
imprisonment not exceeding five years or fined
not exceeding ten thousand Baht, or both.
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If such offence is committed in order to bring about a


change in the Laws of the Country, to coerce the
Government or to intimidate the public, the offender shall
be punished with imprisonment not exceeding ten years
and fined not exceeding twenty thousand Baht.

TITLE III

OFFENCE RELATING TO
JUSTICE
-------------------------------

CHAPTER 1

OFFENCE AGAINST THE JUDICIAL


OFFICIALS

Section 167 Whoever, giving, offering or agreeing to give the


property or any other benefit to the official in the judicial
post, Public Prosecutor, Official to conduct the cases or
Inquiry Official so as to induce oneself wrongfully to do, or
not to do the act or to delay the doing of any act, shall be
imprisoned not out of seven years and fined not out of
fourteen thousand Baht.
Section 168 Whoever, refusing to comply with the lawful
requisition of a Public Prosecutor, official conducting cases
or inquiry official requiring him to come and make
statement, shall be punished with imprisonment not
exceeding three months or fined not exceeding five hundred
Baht, or both.

Section 169 Whoever, refusing to comply with the lawful


requisition of the Public Prosecutor, official to conduct the
cases or to inquiry official requiring oneself to forward of
manage to be forwarded any property or document, to take
the oath, to make the affirmation or to make the statement,
shall be imprisoned not out of three months or fined not out
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of five hundred Baht, or both.

Section 170 Whoever, refusing to comply with a writ or


order of the Court requiring him to come and make a
statement, to come and give evidence or to forward any
property or document in any judicial proceeding, shall be
punished with imprisonment not exceeding six months or
fined not exceeding one thousand Baht, or both.

Section 171 Whoever, refusing to comply with the order of


the Court to require one to take the oath, to make the
affirmation or the statement, or to give the evidence, shall
be imprisoned not out of six months or fined not out of one
thousand Baht, or both.

Section 172 Whoever, giving any false information


concerning a criminal offence, which may likely cause injury
to the other person or the public, to the Public Prosecutor,
official conducting cases, inquiry official or any official who
has the power to investigate the criminal cases, shall be
punished with imprisonment not exceeding two years or
fined not exceeding four thousand Baht, or both.

Section 173 Whoever, giving the information of the offence,


which oneself Knowing not to have been committed, to the
inquiry official or the official having the power to
investigate the criminal cases, shall be imprisoned not out
of three years and fined not out of six thousand Baht.
Section 174 If the information according to Section 172 or
Section 173 is in order to maliciously subject any person to
the measures of safety, the offender shall be punished with
imprisonment not exceeding three years and fined not
exceeding six thousand Baht.

If the information according to the first paragraph is in


order to maliciously subject any person to a punishment or
a heavier punishment, the offender shall be punished with
imprisonment not exceeding five years and fined not
exceeding ten thousand Baht.

Section 175 Whoever, taking the false information to charge


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the person in the Court with the commission of the criminal


offence out of it to be really, shall be imprisoned not out of
five years and fined not out of ten thousand Baht.

Section 176 Whenever any person having committed the


offence according to Section 175 apologizes to the Court,
and withdraws or amends the charge before the judgment
of the Court is given, the Court shall inflict less punishment
to any extent than that provided by the law, or the Court
may not inflict the punishment at all.

Section 177 Whoever, giving a false evidence to the Court in


the judicial proceedings, if such false evidence is an
essential matter in the case, shall be punished with
imprisonment not exceeding five years or fined not
exceeding ten thousand Baht, or both.

If the offence mentioned in the first paragraph is committed


in the criminal proceeding, the offender shall be punished
with imprisonment not exceeding seven years and fined not
exceeding fourteen thousand Baht.

Section 178 Whoever, required by the official in the judicial


post, Public Prosecutor, Official Conducting the cases or
Inquiry Official to translate any of statement or means to
render the wrong translation of such statement, shall be
imprisoned not out of three years or fined not out of six
thousand Baht, or both.
Section 179 Whoever, fabricating a false evidence in order
that an inquiry official or an official who has the power to
investigate the criminal cases may believe that any criminal
offence has occurred, or may believe that the criminal
offence occurred is more serious than it is really, shall be
punished with imprisonment not exceeding two years or
fined not exceeding four thousand Baht, or both.

Section 180 Whoever, adducing or producing false evidence


in any judicial proceedings, if it is evidence in an essential
matter of the case, shall be punished with imprisonment
not exceeding three years or fined not exceeding six
thousand Baht, or both.
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If the offence mentioned in the first paragraph is committed


in the criminal proceedings, the offender shall be punished
with imprisonment not exceeding seven years and fined not
exceeding fourteen thousand Baht.

Section 181 If the commission of the offences according to


Section 174, Section 175, Section 177, Section 178 or
Section 180:

1. Is in the case charging any person with the commission


of an offence whose punishment is imprisonment of
three years upwards, the offender shall be punished with
imprisonment of six months to seven years and fined of
one thousand to fourteen thousand Baht;
2. Is in the case charging any person with the commission
of an offence whose punishment is death or
imprisonment for life, the offender shall be punished
with imprisonment of one to fifteen years and fined of
two thousand to thirty thousand Baht.

Section 182 Whoever, having committed the offence


according to Section 177 or Section 178, apologizes and
declares the truth to the Court or an official before the
conclusion of his statement or translation, shall not be
punished.

Section 183 Whoever, to have committed the offence under


Section 177 or Section 178, apologized and declared the
truth to the Court or the Official before the judgment to be
given and before oneself to be charged with the offence
committed, the Court may inflict less punishment to any
extent than the prescribed by the law.

Section 184 Whoever, in order to help the other person not


to punishment, damages, destroys, conceals, makes away
evidence in the commission of an offence, shall be
exceeding five years or fined not exceeding ten thousand
bahr

Section 185 Whoever, damaging, destroying, concealing,


making away with, losing or rendering useless any property
or document deposited with the Court or kept by the Court
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in the judicial proceedings, shall be punished with


imprisonment not exceeding five years or fined not
exceeding ten thousand Baht, or both.

Section 186 Whoever, damaging, destroying, concealing,


making away losing or rendering useless any of property
forfeited by the judgment of the Court, shall be imprisoned
not out of three years or fined not out of one hundred Baht,
or both.

Section 187 Whoever, in order to prevent the execution of


the judgment or order of the Court, damages, destroys,
conceals, makes away with, loses or renders useless the
property which is seized or attached, or which he knows
likely to be seized or attached, shall be punished with
imprisonment not exceeding three years or fined not
exceeding six thousand Baht, or both.

Section 188 Whoever, damaging, destroying, concealing,


making away, losing or rendering useless will or document
of the other person in the manner likely to cause injury to
another person or the public people, shall be imprisoned
not out of five years and fined not out of ten thousand Baht.

Section 189 Whoever assists the other person who


commits or is alleged of having committed an offence
which is not a petty offence so that such person may not be
punished by giving him lodging, by hiding, or by assisting
him by any means so that he may not be arrested, shall be
punished with imprisonment not exceeding two years or
fined not exceeding four thousand Baht, or both.
Section 190 Whoever, escaping during confinement under
the power of Court, a Public Prosecutor, an inquiry official
or an official who has the power to investigate the criminal
cases, shall be punished with imprisonment not exceeding
three years or fined not exceeding six thousand Baht, or
both.
If the offence as mentioned in the first paragraph is
committed by breaking open the place of confinement, by
doing any act of violence, by threatening to do any act of
violence or by participation of three persons upwards, the
offender shall be punished with imprisonment not
exceeding five years or fined not exceeding ten thousand
Baht, or both.
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If the offence according to this Section is committed by the


offender carrying or using any gun, or explosive, the
offender shall be liable to heavier punishment than that as
provided in the two preceding paragraphs by one-half.

Section 191 Whoever, by any means, causes to the persons


under confinement by the power of Court, a Public
Prosecutor, an inquiry official or an official who has the
power to investigate the criminal cases to be released from
such confinement, shall be punished with imprisonment not
exceeding five years or fined not exceeding ten thousand
Baht, or both.

If the persons so released from such confinement are the


persons sentenced by any Court to death, imprisonment for
life or imprisonment of fifteen years upwards, or numbering
from three persons upwards, the offender shall be punished
with imprisonment of six months to seven years and fined
of one to fourteen thousand Baht.

If the offence according to this Section is committed by


doing any act of violence, threatening to do any act of
violence, or carrying or using any gun or explosive, the
offender shall be liable to heavier punishment than that as
provided in the two preceding paragraphs by one-half.

Section 192 Whoever, harboring, hiding or assisting with


any means the person escaped from the lawful custody
under the power of the Court, inquiry official or official
empowered to investigate the criminal cases so as to such
person may not be arrested, shall be imprisoned not out of
three years or fined not out of six thousand Baht, or both.

Section 193 If the offence mentioned in Section 184,


Section 189 or Section 192 is committed in order to help
the father, mother, child, husband or wife, the Court may not
inflict any punishment.

Section 194 Whoever, to be sentenced not to be entered the


specified area under Section 45, to have entered in such
areas, shall be imprisoned not out of one year or fined not
out of two thousand Baht, or both.
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Section 195 Whoever, escaping from an institution of


treatment where the Court has given order to restrain him
according to Section 49, shall be punished with
imprisonment not exceeding six months or fined not
exceeding one thousand Baht, or both.

Section 196 Whoever, violating the prohibition order of the


Court given in the judgment under Section 50, shall be
imprisoned not out of six months or fined not out of one
thousand Baht, or both.

Section 197 Whoever, to do or threaten to do an act of


violence, to give or agree to give the benefit for hindering or
obstructing the public auction of the official on account of
the judgment or order of the Court, shall be imprisoned not
out of six months or fined not out of one thousand Baht or
both.

Section 198 Whoever, insulting the Court or the judge in the


trial or adjudication of the case, or obstructing the trial or
adjudication of the Court, shall be punished with
imprisonment of one to seven years or fined of two
thousand to fourteen thousand Baht, or both.

Section 199 Whoever, stealthily burying, concealing,


removing or destroying the corpse or part of the corpse so
as to conceal the birth, death or cause of death, shall be
imprisoned not out of one year or fined not out of two
thousand Baht, or both.
CHAPTER 2

MALFEASANCE IN JUDICIAL OFFICE

Section 200 Whoever, being an official in the post of a


Public Prosecutor, an official conducting cases, an inquiry
official, or an official who has the power to investigate the
criminal cases or to execute a criminal warrant, wrongfully
exercises or does not exercise any of his functions in order
to assist any person not to receive punishment or to receive
less punishment, shall be punished with imprisonment of
six months to seven years and fined of one thousand to
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fourteen thousand Baht.

If such exercise or non-exercise is to maliciously cause any


person to be punished, to be punished heavier or to be
subjected to the measures of safety, the offender shall be
punished with imprisonment for life or imprisonment of one
to twenty years, and fined of two thousand to forty
thousand Baht.

Section 201 Whoever, to be the official in the judicial post,


Public Prosecutor, official conducting the cases or the
inquiry official, wrongfully to demand, accept or agree to
accept the property or any other benefit for oneself or the
other person so as to exercise or non-exercise any act,
whether such exercise or non-exercise wrongfully oneself's
function or not, shall be imprisoned as from five years to
twenty years or life imprisonment and fined as from two
thousand Baht to forty thousand Baht, or death.

Section 202 Whoever, being an official in a judicial post, a


Public Prosecutor, an official conducting cases or an
inquiry official, exercises or does not exercise any of his
functions in consideration of a property or any other benefit
which he has demanded, accepted or agreed to accept
before his appointment to such post, shall be punished with
imprisonment of five to twenty years or imprisonment for
life, and fined of two thousand to forty thousand Baht, or
death.
Section 203 Whoever, to be the official having the duty
executing the judgment or order of the Court, to prevent or
the obstruct the execution of such judgment or order, shall
be imprisoned not out of three years or fined not out of six
thousand Baht, or both.

Section 204 Whoever, being an official having the function


to control and to take care of any person in lawful custody
under the power of the Court, an inquiry official or an
official who has the power to investigate the criminal cases,
causes, by any means whatever, such person to be released
from the custody, shall be punished with imprisonment of
one to seven years and fined of two thousand to fourteen
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thousand Baht.

If the persons so released from the custody be persons


sentenced by any Court to death, to imprisonment for life or
to imprisonment of fifteen years upwards, or numbering
from three persons upwards, the offender shall be punished
with imprisonment of two to ten years and fined of four
thousand to twenty thousand Baht.

Section 205 If the offence mentioned in Section 204 is


committed by negligence, the offender shall be punished
with imprisonment not exceeding two years or fined not
exceeding four thousand Baht, or both. If the persons so
released from the custody by negligence be persons
sentenced by any Court to death, imprisonment for life or
imprisonment of fifteen years upwards, or numbering from
three persons upwards, the offender shall be punished with
imprisonment not exceeding three years or fined not
exceeding six thousand Baht, or both. If the offender
causes the person released from the custody to be retaken
within three months, the punishment inflicted upon the
offender shall cease forthwith.

TITLE IV

OFFENCE RELATING TO RELIGION


Section 206 Whoever, to do, by any means whatever, to the
object or place of religious worship of any group of persons
in the manner likely to insult such religion, shall be
imprisoned as from two years to seven years or fined as
from two thousand Baht to fourteen thousand Baht, or
both.

Section 207 Whoever to cause a disturbance at an


assembly of religious persons lawfully engaged at the time
of meeting in religious worship or performing religious
ceremonies shall be punished with imprisonment not
exceeding one year or fined not exceeding two thousand
Baht, or both.
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Section 208 Whoever, wrongfully dressing or using the


symbol manifesting that oneself to be Buddhist monk or
novice, holy man or clergyman of any religion so as to make
the other person to believe that oneself to be such person,
shall be imprisoned not out of one year or fined not out of
two thousand Baht.

TITLE V

OFFENCE RELATING TO PUBLIC PEACE

Section 209 Whoever to be a member of a body of persons


whose proceedings are secret and whose aim to be
unlawful, is said to be a member of a secret society, shall be
punished with imprisonment not exceeding seven years
and fined not exceeding fourteen thousand Baht.

If the offender be the chief, manager or office-bearer in


such body of persons, such person shall be punished with
imprisonment not exceeding ten years and fined not
exceeding twenty thousand Baht.

Section 210 Whenever five persons upwards conspire to


commit any offence provided in this Book II and punishable
with maximum imprisonment of one year upwards, every
such person is said to be a member of a criminal
association, and shall be punished with imprisonment not
exceeding five years or fined not exceeding ten thousand
Baht, or both.
If it be a conspiracy to commit an offence punishable with
death, imprisonment for life or imprisonment from ten years
upwards, the offender shall be punished with imprisonment
of two to ten years and fined of four thousand to twenty
thousand Baht.

Section 211 Whoever, to meets in the meeting of secret


society or criminal association, the person is said to
commit the offence to be such secret society or criminal
association unless such person can show that having met
without the knowledge that being the meeting of secret
society or criminal association.
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Section 212 Whoever:

1. Procures a meeting place or lodge for a secret society or


criminal association ;
2. Induces a person to become a member of a secret
society or criminal association;
3. Aids a member of secret society or criminal association
by contribution of money or in any other way; or
4. Assists in the disposal of property obtained by the
secret society or criminal association through any
offence, shall be punished likewise as a member of a
secret society or criminal association, as the case may
be.

Section 213 Whenever an offence is committed by any


member of a secret society or criminal association in
prosecution of the common aim of such society or
association, every member who was present at the time of
the commission of such offence, or who was present at the
meeting where the commission of such offence was
decided upon, and the chief manager or office-bearer of
such society or association, shall be liable to the
punishment prescribed for such offence.

Section 214 Whoever, behaves habitually, lodges or


procures the retreat place or meeting place to the persons
whom oneself knowing to have the committed offence as
provided by this Book 2, such person shall be imprisoned
not out of three years or fined not out of six thousand Baht,
or both.
If the offence to be committed so as to help the father,
mother, child, husband or wife, the Court may not inflict any
punishment at all.

Section 215 Whenever ten persons upwards being


assembled together do or threaten to do an act of violence,
or do any thing to cause a breach of the peace, every such
person shall be punished with imprisonment not exceeding
six months or fined not exceeding one thousand Baht, or
both.

If any of the offenders carries an arm, all the offenders shall


be punished with imprisonment not exceeding two years or
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fined not exceeding four thousand Baht, or both. If the


offender be the manager or person having the duty to give
orders for the commission of the offence, such offender
shall be punished with imprisonment not exceeding five
years or fined not exceeding ten thousand Baht, or both.

Section 216 When the official orders any person assembled


to gather so as to commit the offence as prescribed under
Section 215 to disperse, such person not to disperse shall
be imprisoned not out of three years or fined not out of six
thousand Baht, or both.

TITLE VI

OFFENCE RELATING TO CAUSING


PUBLIC DANGER

Section 217 Whoever, firing to the things belonging to the


other person, shall be imprisoned as from six months to
seven years or fined as from one thousand Baht to fourteen
thousand Baht.

Section 218 Whoever sets fire to:

1. A building, vessel or floating house in which a human


being dwells;
2. A building, vessel or floating house used for storage or
manufacture of goods;
3. A house of entertainment or meeting place;
4. A building which is domain public of State, public place
or place for performing religious ceremonies;
5. A railway station, airport, or public parking or mooring
place for cars or vessel;
6. A steam-boat or motor-boat of five tons upwards,
airplane or train used for public transportation, shall be
punished with death, imprisonment for life or
imprisonment of five to twenty years.

Section 219 Whoever preparing for committing the offence


as aforesaid by Section 217 or Section 218, shall be
punished in the same manner as attempting to commit that
offence.
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Section 220 Whoever, cause fire to any material even


belonging to himself in a manner likely to cause injury to
the other person or a thing belonging to the other person,
shall be punished with imprisonment not exceeding seven
years and fined not exceeding fourteen thousand Baht.

If the commission of the offence as mentioned in the first


paragraph causes a fire to any of the things specified in
Section 218, the offender shall be punished as provided in
Section 218.

Section 221 Whoever, to causing the explosion likely to


cause injury to the other person or the thing belonging to
the other person, shall be imprisoned not out of seven years
and fined not out of fourteen thousand Baht.

Section 222 Whoever, to cause an explosion so as to cause


injury to any of the things mentioned in Section 217 or
Section 218, shall be punished as provided in such Section.

Section 223 For the aforesaid offence in Section 217,


Section 218, Section 220 or Section 222, if the injured
things or likely to be injured is little value, and such act is
not likely to cause the injury to the other person, the
offender shall be imprisoned not out of three years or fined
not out of six thousand Baht, or both.

Section 224 If the commission of the offence as mentioned


in the Section 217, Section 218, Section 221 or Section 222
causes death to the other person, the offender shall be
punished with death or imprisonment for life.

If it causes grievous bodily harm to the other person, the


offender shall be punished with death, imprisonment for life
or imprisonment of ten to twenty years.

Section 225 Whoever, causing fire by negligence and


causing the fling belonging to the other person to be
damaged, or likely to cause damage to the life of the other
person, shall be imprisoned not out of seven years or fined
not out of fourteen thousand Baht, or both.

Section 226 Whoever, by any means whatever, to render a


building, dock, public parking or mooring place for cars or
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vessel, buoy, structure, machinery, mechanical apparatus,


electric wire or an equipment provided for the protection of
persons or things from danger so as likely to cause danger
to the other person, shall be punished with imprisonment
not exceeding five years or fined not exceeding ten
thousand Baht, or both.

Section 227 Whoever, having the profession of design,


control or construction, reparation or removal of building or
structure, failing to comply with the rule or method to be
duly carried out in such undertaking in the manner likely to
cause the danger to the other person, shall be imprisoned
not out of five years or fined not out of ten thousand Baht,
or both.

Section 228 Whoever, by any means whatever, cause


inundation or obstruction to the supply of water, which is a
public utility, and if such act is likely to endanger the other
person or a thing belonging to the other person, shall be
punished with imprisonment not exceeding five years or
fined not exceeding ten thousand Baht, or both.

If the commission of the offence as mentioned in the first


paragraph causes danger to the other person or a thing
belonging to the other person, the offender shall be
punished with imprisonment of six months to seven years
and fined of one thousand to fourteen thousand Baht.
Section 229 Whoever, by any means whatever, renders a
public way, sluice gate, dam or embankment, which is a part
of a public way or taking off and landing place for airplanes
to be in the condition as likely to cause danger to traffic,
shall be punished with imprisonment not exceeding five
years or fined not exceeding ten thousand Baht, or both.

Section 230 Whoever, to place any obstacle upon the


railway or tramway to loosen or displace such railway or
tramway or to make any thing to the signal in the manner
likely to cause the danger to the running of railway-cars or
tram-cars, shall be imprisoned as from six months to seven
years and fined as from one thousand Baht to fourteen
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thousand Baht.

Section 231 Whoever, by any means whatever, renders a


lighthouse, buoy, signal or any other thing provided as a
signal for the safety of land traffic, navigation or air
navigation to be in the condition as likely to cause danger
to such land traffic, navigation or air navigation, shall be
punished with imprisonment of six months to seven years
and fined of one thousand to fourteen thousand Baht.

Section 232 Whoever, by any means whatever, renders any


of the following conveyances to be in the condition as likely
to cause danger to a person:

1. Sea-going vessel, airplane, train or tram;


2. Motor-car used for public transportation; or
3. Steam-boat or motor-boat of five tons upwards used for
public transportation shall be punished with
imprisonment of six months to seven years and fined of
one thousand to fourteen thousand Baht.

Section 233 Whoever, to use the conveyance to transport


the passengers, when such conveyance to be under the
condition or to be loaded as likely to cause the danger to
the persons in such conveyance, shall be imprisoned not
out of one year or fined not out of two thousand Baht, or
both.
Section 234 Whoever, by any means whatever, to render an
equipment used for production, transmission of electric
energy or the supply of water so as to cause lack of
convenience to the public, or likely to cause danger to the
public, shall be punished with imprisonment not exceeding
five years or fined not exceeding ten thousand Baht, or
both.

Section 235 Whoever, to do any act rendering the public


communication of the post, telegraph, telephone or wireless
to be obstructed, shall be imprisoned not out of three years
or fined not out of six thousand Baht, or both.
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Section 236 Whoever to adulterate an article of food, drug


or any other thing intended for human consumption or use,
and such adulteration is likely to cause injury to health, or
to sell or expose for sale such adulterated article for human
consumption or use, shall be punished with imprisonment
not exceeding three years or fined not exceeding six
thousand Baht, or both.

Section 237 Whoever, introducing the poisonous substance


or any other substance likely to cause injury to health into
the food or water into any well, pond or reservoir, and such
food or water to be existed or to be provided for the public
consumption, shall be imprisoned as from six months to
ten years and fined as from one thousand Baht to twenty
thousand Baht, or both.

Section 238 If the offences committed according to Section


226 to Section 237 causes death to the other person, the
offender shall be punished with imprisonment for life or
imprisonment of five to twenty years and fined of ten
thousand to forty thousand Baht. If it causes grievous
bodily harm to another person, the offender shall be
punished with imprisonment of one to ten years and fined
of two thousand to twenty thousand Baht.

Section 239 If the act as mentioned by Section 226 to


Section 237 as being done by negligence to be result in the
imminent danger to the life of the other person, doer shall
be imprisoned not out of one year or fined not out of two
thousand Baht, or both.
TITLE VII

OFFENCE RELATING TO
COUNTERFEITING AND ALTERATION

---------------------------------------------

CHAPTER 1

OFFENCE RELATING TO CURRENCIES


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Section 240 Whoever, to counterfeit the currency,


irrespective of whether to make as the coin, banknote or
any the other thing to be used or authorized to be used by
Government, or to counterfeit the Government bond or
interest coupon attached to such bond, such person to be
said to commit the offence of counterfeiting the currency,
shall be imprisoned as from ten years to twenty years or
fined as from ten years to twenty years and fined as from
twenty thousand Baht to forty thousand Baht.

Section 241 Whoever alters currency, whether it is a coin,


bank-note or any other thing issued or authorized to be
issued by the Government. or alters the Government bond
or interest coupon attached to such bond with intent to
make the other person to believe that it has a higher value
than it really has, is said to commit an offence of altering
currency, and shall be punished with imprisonment for life
or imprisonment of five to twenty years and fined of ten
thousand to forty thousand Baht.

Section 242 Whoever dishonestly diminishes the weight of


a coin issued by the Government, shall be punished with
imprisonment not exceeding seven years and fined not
exceeding fourteen thousand Baht.

Whoever brings into the Kingdom, or utters or possesses


for uttering a coin whose weight has dishonestly been
diminished according to the provision in the first paragraph,
shall be liable to the same punishment.
Section 243 Whoever, to bring any thing to be counterfeited
according to Section 240 or altered according to Section
241, shall be punished as provided in such Section.

Section 244 Whoever, possesses for uttering any thing


obtained by him, which he knows to be counterfeited
according to Section 240 or altered according to Section
241, shall be punished with imprisonment of one to fifteen
years and fined of two thousand to thirty thousand Baht.

Section 245 Whoever, to utter any thing by not to know as


being counterfeited according to Section 240 or altered
according to Section 241, if subsequently upon having
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known as being counterfeited or altered still to be sued,


shall be imprisoned not out of ten years or fined not out of
twenty thousand Baht, or both.

Section 246 Whoever, makes an instrument or a material


intended for counterfeiting or altering currency, whether it
be a coin, bank-note or any other thing issued or authorized
to be issued by the Government, or for counterfeiting or
altering the Government bond or interest coupon attached
to such bond, or possesses such instrument or material
intended for use in counterfeit or alteration, shall be
punished with imprisonment of five to fifteen years and
fined of ten thousand to thirty thousand Baht.

Section 247 If the offences mentioned in this Chapter be


committed concerning currency, whether it be a coin, bank-
note or any other thing issued or authorized to be issued by
the foreign Government, or relating to the foreign
Government bond or interest coupon attached to such
bond, the offender shall be liable to one half of the
punishment as provided in such Section.

Section 248 If the offender under Section 240, Section 241


or Section 247 has committed under the other Section as
prescribed by this Chapter dealing with the thing
counterfeited or altered by oneself, such person shall be
punished under Section 240, Section 241 or Section 247 for
one count only.
Section 249 Whoever, fabricates any kind of printed papers
or pieces of metal, the characteristics and sizes of which
resemble currency, whether it be a coin, bank-note or any
thing issued or authorized to be issued by the Government,
or the Government bond or interest coupon attached to
such bond, or disposes the same, shall be punished with
imprisonment not exceeding one year or fined not
exceeding two thousand Baht, or both.

If the disposal of the printed papers or pieces of metal


mentioned in the first paragraph is the disposal by uttering
as any thing as mentioned in the first paragraph, the
offender shall be punished with imprisonment not
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exceeding three years or fined not exceeding six thousand


Baht, or both.

CHAPTER 2

OFFENCE RELATING TO SEALS,


STAMPS AND TICKETS

Section 250 Whoever, to forge the State seal, State seal


impression or King's Sign Manual, shall be imprisoned as
from five years to twenty years and fined as from ten
thousand Baht to forty thousand Baht.

Section 251 Whoever, forges a seal or impression of such


seal of a Political Bureau a public organization or an official,
shall be punished with imprisonment of one to seven years
and fined of two thousand to fourteen thousand Baht.

Section 252 Whoever, using the seal, seal impression or


King's Sign Manual as mentioned under Section 250 or
Section 251 as being the seal, seal impression or King's
Sign Manual to be forged, shall be punished as provided by
such Section.

Section 253 Whoever, having obtained possession of the


seal or impression of the seal mentioned in Section 250 or
Section 251, which is genuine, wrongfully uses such seal or
impression of such seal in a manner likely to cause injury to
the other person or the public, shall be liable to two-thirds
of the punishment as provided in Section 250 or Section
251.

Section 254 Whoever, forges a Government stamp used for


postage, taxation or collection of fees, or alters a
Government stamp used for such purposes in order to
make other persons to believe that it has a higher value
than it really has, shall be punished with imprisonment of
one to seven years and fined of two thousand to fourteen
thousand Baht.

Section 255 Whoever, bringing the State seal, State seal


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impression, King's Sign Manual, seal or seal impression of


Political Bureau, public organization or official, or stamp as
specified under Section 250, Section 251 or Section 254
which to be forged or altered, shall be imprisoned as from
one year to ten years and fined as from two thousand Baht
to twenty thousand Baht.

Section 256 Whoever, erases, removes or does by any


means whatever to the Government stamp as specified in
Section 254, which has mark or has done any act to it to
denote that it can not longer be used, in order that it may be
used again, shall be punished with imprisonment not
exceeding three years or fined not exceeding six thousand
Baht, or both.

Section 257 Whoever, using, selling, offering for sale,


exchanging or offering for exchange the stamp begotten
from the commission as aforesaid by Section 254 or
Section 256 whether commission under such Section being
committed inside or outside the Kingdom, shall be
imprisoned not out of three years or fined not out of six
thousand Baht, or both.

Section 258 Whoever, forges or alters a ticket used in public


transportation with intent to make other persons to believe
that it is a higher value than it really has, or erases, removes
or does by any means whatever to it which has a mark or
has done any act to it to denote that it has been used, in
order that it may be used again, shall be punished with
imprisonment not exceeding two years or fined not
exceeding four thousand Baht, or both.
Section 259 If the commission under Section 258 as
commission relating to tickets disposed to public people
for entering into any place, the doer shall he imprisoned not
out of one year or fined not out of two thousand Baht, or
both.

Section 260 Whoever, uses, sells, offers for sale, exchanges


or offers for exchange the ticket begotten from the
commission of the offence mentioned in Section 258 or
Section 259, shall be punished with imprisonment not
exceeding one year or fined not exceeding two thousand
Baht, or both.
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Section 261 Whoever, makes the instrument or material for


forging or altering any thing as specified in Section 254,
Section 258 or Section 259, or possesses such instrument
or material for use in forging or altering, shall be punished
with imprisonment not exceeding two years or fined not
exceeding four thousand Baht, or both.

Section 262 If the offence mentioned in Section 254,


Section 256, Section 257 or Section 261 be committed
relating to the foreign Government stamps, the offender
shall be liable to one-half of the punishment as provided for
such Section.

Section 263 If the offender under Section 250, Section 251,


Section 254, Section 256, Section 257, Section 258, Section
259 or Section 262 to have committed the offence under
the other Section as prescribed in this Chapter relating to
the thing to be begotten from the commission of offence
also, that person shall be punished according to Section
250, Section 251, Section 254, Section 256, Section 258,
Section 259 or Section 262 for one count only.

CHAPTER 3

OFFENCE RELATING TO DOCUMENTS

Section 264 Whoever, in a manner likely to cause injury to


another person or the public, fabricates a false document or
part of a document, or adds to, takes from or otherwise
alters a genuine document by any means whatever, or puts
a false seal or signature to a document, if it is committed in
order to make any person to believe that it is a genuine
document, is said to forge a document, and shall be
punished with imprisonment not exceeding three years or
fined not exceeding six thousand Baht, or both.

Whoever, fills in the contents on a sheet of paper or any


other material bearing the signature of another person
without the consent or by violating the order of such
person, if it has committed in order to take such document
for use in any activities which may cause injury to any
person or the public, shall be deemed to forge a document,
and shall be punished likewise.
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Section 265 Whoever, forges a document of right or official


document, shall be punished with imprisonment of six
months to five years and fined of one thousand to ten
thousand Baht.

Section 266 Whoever forges any of the following


documents:

1. A document of right, which is an official document;


2. A will;
3. A share certificate or debenture, or share warrant or
debenture warrant;
4. A bill; or
5. A negotiable certificate of deposit shall be punished
with imprisonment of one to ten years and fined of
twenty thousand to two hundred thousand Baht.

Section 267 Whoever, notifying the official doing oneself's


duty to make any false entry in the public or official
document for the aims to be used as evidence, shall be
imprisoned not out of three years or fined not out of six
thousand Baht, or both.

Section 268 Whoever, in a manner likely to cause injury to


another person or the public, makes use of, or cites the
document begotten from the commission of the offence
according to Section 264, Section 265, Section 266 or
Section 267, shall be liable to the punishment as provided
in such Section.

If the offender according to the first paragraph be the


person who himself forges such document, or causes an
official to make such entry, such offender shall be punished
according to this Section for one count only.

Section 269 Whoever, in the pursuance of work in the


medicine, law, accountancy or any other profession, making
the certification of false document by the manner likely to
cause injury to the other person or the public people, shall
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be imprisoned not out of two years or fined not out of four


thousand Baht, or both.
Whoever, dishonestly using or citing the certification
begotten from the commission of offence according to the
paragraph 1, shall be punished in the same manner.

CHAPTER 4

OFFENCE RELATING TO THE


ELECTRONIC CARD

Section 269/1 Whoever, forges the electronic card in whole


or in part, adds or cuts statement or amends by any means
whatever in the genuine electronic card in manner likely to
cause injury to other person or people. If that card is made
in order to anyone believing that it is the genuine electronic
card or for the benefit in any respect, such person commits
the electronic card forgery and shall be punished
imprisonment from one year to five years and fined from
two ten thousands Baht to hundred thousands Baht.

Section 269/2 Whoever makes the instruments or materials


for counterfeit or alteration or for acquiring the data in
counterfeiting or altering anything specified in Section
269/1 or has such instrument or material. As aforesaid, for
using or acquiring the data in counterfeiting or altering,
such person shall be punished imprisonment from one
year to five years and fined from two ten thousands Baht to
hundred thousand Baht.
Section 269/3 Whoever brings into or sends out of anything
from Kingdom in accordance with Section 269/1 or Section
269/2, such person shall be punished imprisonment from
three years to ten years and fined from six ten thousands
Baht to hundred thousands Baht.

Section 269/4 Whoever uses or has for the sake of using


anything in accordance with Section 259/1 which is
obtained possession of knowledge that it is the made
falsification or counterfeit, such person shall be punished
imprisonment from one year to seven years or fined from
two ten thousands Baht to hundred thousand Baht to four
ten thousands Baht or both imprisonment and fine.
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Whoever sells or has for selling anything forged or


counterfeited in accordance with Section 269/1, such
person shall be punished imprisonment from one year to
ten years or fined from two ten thousands Baht to two
hundred thousands Baht or both imprisonment and fine.

If offender in accordance with first paragraph or second


paragraph forges the electronic card in accordance with
Section 269/1, such offender shall be punished in
accordance with this Section in only count.

Section 269/5 Whoever uses the electronic card of other


person wrongfully in a manner likely to cause detriment of
other person or people, such person shall be punished
imprisonment not more than five years or fined not more
than hundred thousands Baht or both fined and
imprisonment.

Section 269/6 Whoever has to use the electronic card of


other person wrongfully in accordance with Section 269/5
in a manner likely to cause detriment to other person or
people, such person shall be punished imprisonment not
more than three years or fined not more than six ten
thousands Baht or both imprisonment and fine.

Section 269/7 If commission of an offence as aforesaid in


this Chapter is doings in respect of the electronic card
which issuer has issued to person entitled to use for the
satisfaction of paying goods. Service or other debt in lieu of
ready money or use to draw and withdraw ready money,
such doer shall be punished more punishment than as one
prescribed in that Sections as the half of them.

TITLE VIII

OFFENCE RELATING TO TRADE

Section 270 Whoever, uses or possesses for use an


instrument of weighing, a weight or measure, which is
contrary to standard in order to take advantage in trade, or
possesses such instrument, weight or measure for sale,
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shall be punished with imprisonment not exceeding three


years or fined not exceeding six thousand Baht, or both.

Section 271 Whoever, selling the goods be any fraudulent


and deceitful means in order to deceive the buyer as to the
origin source, nature, quality or such goods quantity, if such
act not constitute cheating and fraud, shall be imprisoned
not out of three year or fined not out of six thousand Baht,
or both.

Section 272 Whoever:

1. Uses a name, figure, artificial mark or any wording in the


carrying on trade of the other person, or causes the
same to appear on a goods, packing, coverings,
advertisements, price lists, business letters or the like in
order to make the public to believe that it is the goods or
trade of such other person;
2. Imitates a signboard or the like so that the public are
likely to believe that his trading premises are those of
another person situated nearby;
3. Circulates or propagates the false statement in order to
bring discredit to the trading premises, goods, industry
or commerce of any person with a view to obtaining
benefit for his trade, shall be punished with
imprisonment not exceeding one year or fined not
exceeding two thousand Baht, or both.

The offence under this Section is a compoundable offence.


Section 273 Whoever, forging the registered trade-mark of
other person, whether to be registered inside or outside the
Kingdom, shall be imprisoned not out of three years or fined
not out of six thousand Baht, or both.

Section 274 Whoever, imitates the registered trade-mark of


the other person, whether it be registered within or outside
the Kingdom in order to make the public to believe that it is
the registered trade-mark of such other person, shall be
punished with imprisonment not exceeding one year or
fined not exceeding two thousand Baht, or both.

Section 275 Whoever, bringing into the Kingdom, disposing


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or exposing for disposing the goods bearing the name,


figure, artificial mark or any wording as prescribed by
Section 272 (1), or the goods bearing the forged or imitated
trade-mark to belong to the other person under Section 273
or Section 274, shall be punished in such Section.

TITLE IX

OFFENCE RELATING TO SEXUALITY

Section 276 Whoever has sexual intercourse with a woman,


who is not wife, against her will, by threatening by any
means whatever, by doing any act of violence, by taking
advantage of the woman being in the condition of inability
to resist, or by causing the woman to mistake him for the
other person, shall be punished with imprisonment of four
to twenty years and fined of eight thousand to forty
thousand Baht.

If the offence as mentioned in the first paragraph is


committed by carrying or using any gun or explosive, or
participation of persons in the nature of destroying the
woman, the offender shall be punished with imprisonment
of fifteen to twenty years and fined of thirty thousand to
forty thousand Baht, or imprisonment for life.

Section 277 Whoever, has sexual intercourse with a girl not


yet over fifteen years of age and not being his own wife,
whether such girl shall consent or not, shall be punished
with imprisonment of four to twenty years and fined of
eight thousand to forty thousand Baht. If the commission
of the offence according to the first paragraph is
committed against a girl not yet over thirteen years of age,
the offender shall be punished with imprisonment of seven
to twenty years and fined of fourteen thousand to forty
thousand Baht, or imprisonment for life.

If the commission of the offence according to the first or


second paragraph is committed by participation of persons
in the nature for destroying a girl and such girl is not
consent, or by carrying the gun or explosive, or by using the
arms, the offender shall be punished with imprisonment for
life.
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The offence as provided in the first paragraph, if the


offender being the man commits against the girl over
thirteen years but not yet over fifteen years of age with her
consent and the Court grants such man and girl to marry
together afterwards, the offender shall not be punished for
such offence. If the Court grants them to marry together
during the offender be still inflicted with the punishment,
the Court shall release such offender.

Section 277 bis If the commission of the offence according


to the first paragraph of Section 276, or the first or second
paragraph of Section 277, causes:

1. Grievous bodily harm to the victim, the offender shall be


punished with imprisonment of fifteen to twenty years
and fined of thirty thousand to forty thousand Baht, or
imprisonment for life;
2. Death to the victim, the offender shall be punished with
death or imprisonment for life.

Section 277 ter If the commission of the offence according


to the second paragraph of Section 276 or the third
paragraph of Section 277, causes: Grievous bodily harm to
the victim, the offender shall be punished with death or
imprisonment for life Death to the victim, the offender shall
be punished with death.
Section 278 Whoever, committing an indecent act to the
person out of fifteen years of age by threatening with any
means, by doing any act of violence, by taking advantage of
that person to be in the condition of inability to resist, or by
causing that person to mistake him for the other person,
shall be imprisoned not out of ten years or fined not out of
twenty thousand Baht, or both.

Section 279 Whoever, commits an indecent act on a child


not yet over fifteen years of age, whether such child shall
consent or not, shall be punished with imprisonment not
exceeding ten years or fined not exceeding twenty
thousand Baht, or both.
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If the commission of the offence according to the first


paragraph, the offender commits it by threatening by any
means whatever, by doing any act of violence, by taking
advantage of such child being in the condition of inability to
resist, or by causing such child to mistake him for another
person, the offender shall be punished with imprisonment
not exceeding fifteen years or fined not exceeding thirty
thousand Baht, or both.

Section 280 If the commission of offence according to the


Section 278 or Section 279 causes:

1. Grievous bodily harm to the victim, the offender shall be


punished with imprisonment of five to twenty years and
fined of ten thousand to forty thousand Baht;
2. Death to the victim, the offender shall be punished with
death or imprisonment for life.

Section 281 The commission of offence according to the


paragraph 1 of Section 276 and Section 278, if not to occur
in the public, not to cause the grievous bodily harm or death
to the victim, not commit against the person as specified in
this Section, it shall be the compoundable offence.

Section 282 Whoever, in order to gratify the sexual desire of


another person, procures, seduces or takes away for
indecent act the man or woman with his or her consent,
shall be punished with imprisonment of one to ten years
and fined of two thousand to twenty thousand Baht.

If the commission of the offence according to the first


paragraph is occurred to the person over fifteen years but
not yet over eighteen years of age, the offender shall be
punished with imprisonment of three to fifteen years and
fined of six thousand to thirty thousand Baht.

If the commission of the offence according to the first


paragraph is occurred to the child not yet over fifteen years
of age, the offender shall be punished with imprisonment of
five to twenty years and fined of ten thousand to forty
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thousand Baht. Whoever, in order to gratify the sexual


desire of another person, obtains the person who is
procured, seduced or taken away according to the first,
second or third paragraph or supports in such commission
of offence, shall be liable to the punishment as provided in
the first, second or third paragraph, as the case may be.

Section 283 Whoever, in order to gratify the sexual desire of


another person, procures, seduces or takes away for
indecent act a man or woman by using deceitful means,
threat, doing an act of violence, unjust influence or mode of
coercion by any other means, shall be punished with
imprisonment of five to twenty years and fined of ten
thousand to forty thousand Baht.

If the commission of the offence according to the first


paragraph is occurred to the person over fifteen years but
not yet over eighteen years of age, the offender shall be
punished with imprisonment of seven to twenty years and
fined of fourteen thousand to forty thousand Baht, or
imprisonment for life.

If the commission of the offence according to the first


paragraph is occurred to the child not yet over fifteen years
of age, the offender shall be punished with imprisonment of
ten to twenty years and fined twenty thousand to forty
thousand Baht, or imprisonment for life, or death.

Whoever, in order to gratify the sexual desire of another


person, obtains the person who is procured, seduced or
taken away according to the first, second or third
paragraph, or supports in such commission of offence,
shall be liable to the punishment as provided in the first,
second or third paragraph, as the case may be.

Section 283 bis Whoever, takes away the person over


fifteen years but not yet over eighteen years of age for
indecent act with consent of such person, shall be
punished with imprisonment of not exceeding five years or
fined not exceeding ten thousand Baht, or both.

If the commission of offence according to the first


paragraph is occurred to the child not yet over the fifteen
years of age, the offender shall be punished with
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imprisonment not exceeding seven years or fined not


exceeding fourteen thousand Baht, or both.

Whoever, conceals the person who is taken away according


to the first or secondparagraph, shall be liable to
punishment as provided in the first or second paragraph, as
the case may be.

If the offences according to the first and third paragraph


are specially occurred in the case of committing to the
person exceeding the fifteen years of age, they are
compoundable offences.

Section 284 Whoever, takes away an another person for


indecent act by using deceitful means, threat, doing any act
of violence, unjust influence or mode of coercion by any
other means, shall be punished with imprisonment of one
of ten years and fined of two thousand to twenty thousand
Baht.
Whoever, conceals the person who is taken away according
to the first paragraph, shall be liable to the same
punishment as the person who takes away.
The offence according to this Section is compoundable
offence.

Section 285 If committing the offence under Section 276,


Section 277 bis, Section 277 ter, Section 278, Section 279,
Section 280, Section 282 or Section 283 to be act against
the descendant, pupil under taken oneself's care, person
under oneself's control according to oneself official
authority, or person under oneself's tutorship, guardianship
or courtship, such offender shall be punished by the heavier
punishment then that as prescribed in that Section by one-
third.

Section 286 Any person, being over sixteen years of age,


subsists on the earning of a prostitute, even it is some part
of her incomes, shall be punished with imprisonment of
seven to twenty years and fined of fourteen thousand to
forty thousand Baht, or imprisonment for life.

Any person has no other apparent or sufficient means of


subsistence, and:
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1. Is found residing or habitually associating with one or


more prostitutes;
2. Takes board and lodging, or receives money or any other
benefit arranged for by a prostitute; or
3. Take part in order to help any prostitute in her quarrel
with her customer,

The provisions of this Section shall not be applied to any


person who receives maintenance from a prostitute who is
bound to give maintenance according to law or morality.

Section 287 Whoever:

1. For the purpose of trade or by trade, for public


distribution or exhibition, makes, produces, possesses,
brings or causes to be brought into the Kingdom, sends
or causes to be sent out of the Kingdom, takes away or
causes to be taken away, or circulates by any means
whatever, any document, drawing, print, painting, printed
matter, picture, poster, symbol, photograph,
cinematograph film, noise tape, picture tape or any other
thing which is obscene;
2. Carries on trade, or takes part or participates in the
trade concerning the aforesaid obscene material or
thing, or distributes or exhibits to the public, or hires out
such material or thing;
3. In order to assist in the circulation or trading of the
aforesaid obscene material or thing, propagates or
spreads the news by any means whatever that there is a
person committing the act which is an offence
according to this Section, or propagates or spreads the
news that the aforesaid obscene material or thing may
be obtained from any person or by any means, shall be
punished with imprisonment not exceeding three years
or fined not exceeding six thousand Baht, or both.

TITLE X

OFFENCE AGAINST LIFE AND BODY


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CHAPTER 1

OFFENCE CAUSING DEATH

Section 288 Whoever, murdering the other person, shall be


imprisoned by death or imprisoned as from fifteen years to
twenty years.

Section 289 Whoever commits murder on:

1. An ascendant;
2. An official in the exercise of his functions, or by reason
of exercising or having exercised his functions;
3. A person who assists an official in the exercise of his
functions, or by reason of the fact that such person will
assist or has assisted the said official;
4. The other person by premeditation;
5. The other person by employing torture or acts of cruelty;
6. The other person for the purpose of preparing or
facilitating the commission of the other offence; or
7. The other person for the purpose of securing the benefit
obtained through the other offence, or concealing the
other offence or escaping punishment for the other
offence committed by him, shall be punished with
death.
Section 290 Whoever, causes death to the other person by
inflicting injury upon the body of such person without intent
to cause death, shall be punished with imprisonment of
three to fifteen years.

If the offence being committed under any of the


circumstances mentioned in Section 289, the offender shall
be punished with imprisonment of three to twenty years.

Section 291 Whoever, doing the act by negligence and that


act causing the other person to death, shall be imprisoned
not out of ten years or fined not out of twenty thousand
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Baht.

Section 292 Whoever, practicing the cruelty or employing


the similar factor on the person to have depended on him
for subsistence or any other activities so as to that person
shall commit the suicide, if suicide to have occurred or to
have been attempted, shall be imprisoned not out seven
years and fined not out of fourteen thousand Baht.

Section 293 Whoever aids or instigates a child not over


sixteen years of age, or a person who is unable to
understand the nature and importance of his act or who is
unable to control his act, to commit suicide, shall, if suicide
has occurred or has been attempted, be punished with
imprisonment not exceeding five years or fined not
exceeding ten thousand Baht, or both.

Section 294 Whoever, in as affray among three persons


upwards, and any person, whether such person to be
participant in such affray or not, to be death, shall be
imprisoned not out of two years or fined not out of four
thousand Baht, or both.

If the participant in such affray can show that oneself has


acted so as to prevent such affray or to prevent lawfully,
such participant shall not be punished.

CHAPTER 2

OFFENCE AGAINST BODY


Section 295 Whoever, causes injury to the other person in
body or mind is said to commit bodily harm, and shall be
punished with imprisonment not exceeding two years or
fined not exceeding four thousand Baht, or both.

Section 296 Whoever, committing bodily harm, if such


offence having any circumstance as prescribed by Section
289, shall be imprisoned not out of three years or fined not
out of six thousand Baht, or both.

Section 297 Whoever, commits bodily harm, and thereby


causing the victim to receive grievous bodily harm, shall be
punished with imprisonment of six months to ten years.
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Grievous bodily harms are as follows:

1. Deprivation of the sight, deprivation of the hearing,


cutting of the tongue or loss of the sense of smelling;
2. Loss of genital organs or reproductive ability;
3. Loss of an arm, leg, hand, foot, finger or any other organ;
4. Permanent disfiguration of face;
5. Abortion;
6. Permanent insanity;
7. Infirmity or chronic illness which may last throughout
life;

Infirmity or illness causing the sufferer to be in severe


bodily pain for over twenty days or to be unable to follow
the ordinary pursuits for over twenty days.

Section 298 Whoever, committing the offence under


Section 297 under any circumstance as prescribed by
Section 289, shall be imprisoned as from two years to ten
years.

Section 299 Whenever, grievous bodily harm is caused to


any person in an affray in which three persons upwards are
engaged, whether such person be a participant in such
affray or not, the participants in such affray shall be
punished with imprisonment not exceeding one year or
fined not exceeding two thousand Baht, or both.
If the participant in such affray can show that he has acted
in order to prevent such affray or in lawful defense, he shall
not be punished.

Section 300 Whoever, committing the act by negligence and


such act to cause the grievous bodily harm to the other
person, shall be imprisoned three years or fined not out of
six thousand Baht, or both.

CHAPTER 3

OFFENCE OF ABORTION
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Section 301 Any woman, causing herself to be aborted or


allowing the other person to procure the abortion for
herself, shall be imprisoned not out of three years or fined
not out of six thousand Baht, or both.

Section 302 Whoever, procures abortion for a woman with


her consent, shall be punished with imprisonment not
exceeding five years or fined not exceeding ten thousand
Baht, or both.If such act causes other grievous bodily
harm to the woman also, the offender shall bepunished with
imprisonment not exceeding seven years or fined not
exceeding fourteen thousand Baht, or both. If
such act causes death to the woman, the offender shall be
punished with imprisonmentnot exceeding ten years and
fined not exceeding twenty thousand Baht.

Section 303 Whoever, procures abortion


for a woman without her consent, shall be punished with
imprisonment not exceeding seven years or fined not
exceeding fourteen thousand Baht, or both. If such act
causes other grievous bodily harm to the woman also,
the offender shall be punished with imprisonment of one
to ten years and fined of two thousand to twenty thousand
Baht.

If such act causes death to the woman, the offender shall


be punished with imprisonment offive to twenty years and
fined of ten thousand to forty thousand Baht.
Section 304 Whoever, attempts to commit the offence
according to Section 301 or Section 302, first paragraph,
shall not be punished.

Section 305 If the offence mentioned in Section 301


and Section 302, be committed by a medical practitioner,
and:

1. It is necessary for the sake of the health of such


woman; or
2. The woman is pregnant on account of the commission
of the offence as provided in Section 276, Section 277,
Section 282,Section 283 or Section 284 the offenderis
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not guilty.

CHAPTER 4

OFFENCE OF ABANDONMENT OF
CHILDREN, SICK PERSONS OR AGED
PERSONS

Section 306 Whoever, abandons a child not over nine yea


rs of age in any place, with intent to whollyabandon
such child in a manner so that such child shall be without a
person to take care of,shall be punished with
imprisonment not exceeding three years or fined not
exceeding sixthousand Baht, or both.

Section 307 Whoever, to have the duty according to the law


or the have the contract taking care of the person in the
helpless condition through age, because of sickness,
infirmity in body or mind,abandoning such person in the
manner likely to endanger his or her life, shall be
imprisonedout of three years or fined not out of six
thousand Baht, or both.

Section 308 If the commission of the offence according


to Section 306 or Section 307 causes death orgrievous
bodily harm to the abandoned person, the offender shall
be punished as providedin Section 290, Section 297 or
Section 298.
TITLE XI

OFFENCE AGAINST LIBERTY AND


REPUTATION

CHAPTER 1

OFFENCE AGAINST LIBERTY

Section 309 Whoever, compels the other person to do or not


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to do any act, or to suffer any thing by putting him in fear of


injury to life, body, liberty, reputation or property of him or
anotherperson, or commits violence so that he does or
does not do such a ct, or suffers such thing,shall be
punished with imprisonment not exceeding three years
or fined not exceeding sixthousand Baht, or both.If the
offence according to the first pa ragraph be committed by
ma king use of arms or byfive persons upwards
participating, or it be committed in order that the
compelled personshall execute, revoke, damage
or destroy any document of right, the offender shall be
punished with imprisonment not exceeding five years or
fined not exceeding ten thousand Baht, or both.

If the offence be committed by alluding to the power


of the secret society or criminalassociation, whether it
be existent or not, the offender shall be punished with
imprisonmentof one to seven years a nd fined of two
thousand to fourteen thousand Baht.

Section 310 Whoever, detains or confines the other


person, or by any other means whatever, deprivessuch
person of the liberty of person, shall be punished with
imprisonment not exceedingthree years or fined not
exceeding six thousand Baht, or both.If the commission of
the offence according to the first paragraph causes
death or grievousbodily harm to the person detained,
confined or deprived of the liberty of person,
theoffender shall be punished as provided in Section 290,
Section 297 or Section 298.
Section 310 bis Whoever, detaining or confining the other
person or making in any manner to deprive otherperson
without liberty bodily and making such other person to
do any act for the doer or other person, shall be
imprisoned not out of five years or fined not out of ten
thousand Baht.

Section 311 Whoever, by negligence causes the other


person to be detained, confined or deprived of theliberty of
person, shall be punished with imprisonment not exceeding
one year or fined notexceeding two thousand Baht, or
both.If the commission of the offence according to the
first paragraph causes death or grievousbodily harm to
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the person detained, confined or deprived of the liberty


of person, theoffender shall be punished as provided in
Section 291 or 300.

Section 312 Whoever, so as to enslave the person or to


cause the person t o be in the position similar tothe slave,
bringing into or sending out of the Kingdom, removing,
buying, selling, disposing,accepting or restraining any
person, shall be imprisoned not out of seven years and
finednot out of fourteen thousand Baht.

Section 312 bis If the commission of the offence


according to Section 310 bis or Section 312 is
committedto the child not exceeding fifteen years of
age, the offender shall be punished with imprisonment
of three to ten years and fined not exceeding twenty
thousand Baht. If the commission of the offence
according to the first paragraph or Section 310 bis
orSection 312 causes:

1. Bodily harm or mental harm to the victim, the


offender shall be punished withimprisonment of five
to fifteen years and fined not exceeding thirty
thousandBaht;
2. Grievous bodily harm to the victim, the offender
shall be punished withimprisonment for life or
imprisonment of seven to twenty years;
3. Death to the victim, the offender shall be punished with
death, imprisonment forlife or imprisonment of fifteen
to twenty years.
Section 312 ter Whoever, by dishonest ly, a ccepting,
disposing, procuring, seducing or taking away
theperson over fifteen years but not yet over eighteen
years of age by such person's consent,shall be imprisoned
not out of five years or fined not out of ten thousand Baht,
or both.If the committing the offence according to
paragraph 1 committed to the child not yet out offifteen
years of age, such offender shall be not out of seven
yea rs or fined not out offourteen thousand Baht, or
both.

Setion 313 Whoever, in order to obtain a ransom:


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1. Takes away a child not yet over fifteen years of age;


2. Takes away a person over fifteen years of age by using
deceitful means, threat,doing any act of violence,
unjust influence or mode of coercion by any
othermeans; or
3. Restrains or detains any person, shall be punished with
imprisonment of fifteen totwenty years and fined of
thirty thousand to forty thousand Baht,
orimprisonment for life, or death.

If the commission of the offence according to the first


paragraph causes grievous bodilyharm to such person
taken away, restrained or detained, or is by acts of torture
or hardlycruelty so as to cause bodily harm or mental
harm to such person, the offender shall bepunished
with death or imprisonment for life.If the commission of
such offence causes death to the person taken away,
restrained ordetained, the offender shall be punished with
death.

Section 314 Whoever, to be a supporter to the commission


of the offence according to Section 313, shallbe liable to
the same punishment as a principal in such offence.

Section 315 Whoever, to act as the intermediary person, to


demanding, accepting or agreeing to acceptany property or
benefit to which not to be entitled from the offender
under Section 313 orfrom the person who will give the
ransom, shall be imprisoned as from fifteen years
totwenty years and fined as from thirty thousand Baht
to forty thousand Baht, or lifeimprisonment.

Section 316 If the offender a ccording to Section 313,


Section 314 or Section 315 arranges for the personwho is
taken away, restrained or confined to regain his liberty
before the judgment of the Court of First Instance
without receiving grievous bodily harm or being in the
condition ofimminent danger to life, such offender shall
be inflicted with less punishment than thatprovided by
the law, but not less than one-half.
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Section 317 Whoever, without reasonable cause, takes


away a child not yet over fifteen years of agefrom the
parent, guardian or person looking after such child,
shall be punished with imprisonment of three to fifteen
years and fined of six thousand to thirty thousand Baht.

Whoever dishonestly buys, disposes of or accepts such


child to taken away according to thefirst paragraph, shall
be liable to the same punishment as the person who
takes the childaway.If the offence of this Section has
committed for lucre or indecent purpose, the offender
shallbe punished with imprisonment of five to twenty
years and fined of ten thousand to fortythousand Baht.

Section 318 Whoever, takes away a minor over fifteen yea rs


but not yet over eighteen years of age fromthe parent,
guardian or person looking after such minor against a will
of such minor, shall be punished with imprisonment of
two to ten years and fined of four thousand to
twentythousand Baht.

Whoever dishonestly buys, disposes of or accepts a


minor to taken away according to thefirst paragraph,
shall be liable to the same punishment as the person who
takes such minoraway. If the offence according to this
Section has committed for lucre or indecent purpose,
theoffender shall be punished with imprisonment of
three to fifteen years and fined of sixthousand to thirty
thousand Baht.
Section 319 Whoever, takes away a minor over fifteen
years of age but not yet over eighteen years ofage from
the parent, guardian or person looking after such
minor for lucre or indecentpurpose with the consent of
such minor, shall be punished with imprisonment of two to
tenyears and fined of four thousand to twenty thousand
Baht.Whoever dishonestly buys, disposes, or accepts a
minor t o taken away according to the firstparagraph, shall
be liable to the same punishment as the person who
takes such minoraway.

Section 320 Whoever, by using fraudulent or deceitful


means, threat, violence, unjust influence or anyother
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means of compulsion, takes or sends a person out of the


Kingdom, shall be punished with imprisonment of two to
ten years or fined of four thousand to twenty thousand
Baht, orboth.If the commission of the offence a ccording to
the first pa ragraph be committed in order that the person
taken or sent out to be under the power of the other
person unlawfully, or in order to abandon such person to
be in a helpless condition, the offender shall be punished
with imprisonment of three to fifteen years and fined
of six thousand to thirty thousand Baht.

Section 321 The offence under Section 309, the first


paragraph, Section 310, the first paragraph, and Section
311, the first paragraph, are the compoundable offences.

CHAPTER 2

OFFENCE OF DISCLOSURE OF PRIVATE


SECRETS

Section 322 Whoever, breaking open or taking away the


closed letter, telegram or any documentbelonging to the
other person so as to ascertain or to disclose its contents,
if such act to belikely to cause injury to any person, shall
be imprisoned not out of six months or fined not out of
one thousand Baht, or both.
Section 323 Whoever, knows or acquires a private secret of
another person by reason of his functions asa competent
official or his profession as a medical practitioner,
pharmacist, druggist,midwife, nursing attendant, priest,
advocate, lawyer or auditor, or by reason of being an
assistant in such profession, and then discloses such
private secret in a manner likely tocause injury to any
person, shall be punished with imprisonment not
exceeding six monthsor fined not exceeding one thousand
Baht, or both.

A person undergoing training and instruction in the


profession mentioned in the firstparagraph has known
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or acquired the private secret of another person in the


training andinstruction in such profession, and discloses
such private secret in a manner likely to causeinjury to any
person, shall be liable to the same punishment.

Section 324 Whoever, on the ground that oneself having


the duty, professing to call the trust, havingknown or
acquired the secret according to industry, discovery or
scientific invention,disclosing or using such secret for the
benefit of oneself or other person, shall be imprisonednot
out of six months or fined not out of one thousand Baht, or
both.

Section 325 The offences in this Chapter are


compoundable offences.

CHAPTER 3

OFFENCE OF DEFAMATION

Section 326 Whoever, imputes anything to the other person


before a third person in a manner likely to impair
the reputation of such other person or to expose such other
person to be hated or scorned, is said to commit
defamation, and shall be punished with imprisonment not
exceeding one year or fined not exceeding twenty thousand
Baht, or both.
Section 327 Whoever, imputing any thing the deceased
person before the third person, and that imputation to be
likely to impair the reputation of the father, mother, spouse
or child of thedeceased or to expose that person hated or
scammed to be said to commit defamation, and shall be
punished as prescribed by Section 326.

Section 328 If the offence of defamation be committed by


means of publication of a document, drawing, painting,
cinematography film, picture or letters made visible by
any means, gramophonerecord or an other recording
instruments, recording picture or letters, or by broadcasting
or spreading picture, or by propagation by any other means,
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the offender shall be punished with imprisonment not


exceeding two years and fined not exceeding two
hundred thousand Baht.

Section 329 Whoever, in good faith, expresses any opinion


or statement:

1. By way of self justification or defense, or for the


protection of a legitimate interest;
2. In the status of being an official in the exercise of his
functions;
3. By way of fair comment on any person or thing
subjected to public criticism; or
4. By way of fair report of the open proceeding of any
Court or meeting, shall not beguilty of defamation.

Section 330 In case of defamation, if the person prosecuted


for defamation can prove that the imputation made by him
is true, he shall not be punished. But he shall not be allowed
to prove if such imputation concerns personal matters, and
such proof will not be benefit to the public.

Section 331 The party in a case or party's lawyer expressing


opinion or statement in the proceeding of the Court in favor
of his case shall not be offence of defamation.

Section 332 In case of defamation in which judgment is


given that the accused is guilty, the Court may give order:
1. To seize and destroy the defamatory matter or part
thereof;
2. To publish the whole or part of the judgment in one or
more newspapers once or several times at the expense
of the accused.

Section 333 The offences in this Chapter are


compoundable offences. If the injured person in the
defamation dies before making a complaint, the father,
mother,spouse or child of the deceased may make a
complaint, and it shall be deemed that such person is the
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injured person.

TITLE XII

OFFENCE AGAINST PROPERTY

CHAPTER 1

OFFENCE OF THEFT AND SNATCHING

Section 334 Whoever, dishonestly taking away the thing of


other person or which the other person to beco-owner to
be said to commit the theft, shall be imprisoned not
out of three years andfined not out of six thousand Baht.

Section 335 Whoever commits theft under any of the


following circumstances:

1. By night;
2. In the place or precinct where there is fire,
explosion, flood, or in the place orprecinct where
there is an accident, distress to railway or other public
conveyanceor other similar calamity, or by taking
advantage of such accident, distress orcalamity, or
by taking advantage of any public panic;
3. By damaging a barricade made for the protection of
persons or things, or bypenetrating through such
barrica de by any means whatever;

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